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County court and n244 validity application

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  • County court and n244 validity application

    I the claimant, recieved an order automatically for the defandant to pay monies owed to me as he had not filed a defence. Some 7 to 8 weeks after this i received a e mail from the court with a order for a set aside hearing and copy of the defendants n244 form, which he served manually at the courts. I was never served n244 form and the e mail copy from the court was not signed or dated,

    i do not understand how a set aside hearing has been ordered given the above. I e mail the county court for clarification some 8 weeks ago but to date have had no response.
    can the claim be struck out seeing as it was over the 28 days and not signed and not dated, plus no copies served to me.
    Tags: None

  • #2
    I the claimant, recieved an order automatically for the defandant to pay monies owed to me as he had not filed a defence. Some 7 to 8 weeks after this i received a e mail from the court with a order for a set aside hearing and copy of the defendants n244 form, which he served manually at the courts. I was never served n244 form and the e mail copy from the court was not signed or dated,

    i do not understand how a set aside hearing has been ordered given the above. I e mail the county court for clarification some 8 weeks ago but to date have had no response.
    can the claim be struck out seeing as it was over the 28 days and not signed and not dated, plus no copies served to me.

    Comment


    • #3
      HI ADAM

      I don't think there is a requirement for the Defendant to send you a copy of the completed N244 form. It's not great that the courts haven't got back to you,

      You mean the 'set aside' being struck out, I don't think so.

      Comment


      • #4
        Thanks echat11

        The application n244 was posted to the courts unsigned and un dated is this grounds to have it struck off ?????

        Comment


        • #5
          Originally posted by Adamsharpe View Post
          Thanks echat11

          The application n244 was posted to the courts unsigned and un dated is this grounds to have it struck off ?????
          I don't think so, all court admin would do is send it back to be corrected, maybe that is what the delay is.

          Make a complaint to the court regarding their non response to your communication 8 weeks ago.

          https://complain-about-a-court-or-tr...ustice.gov.uk/

          Comment


          • #6
            Hi echatt11
            i wrote to the court addressing the issue not signed and dated but they hsve not replied i telephoned every day last week but phone just rings. I did manage friday and they wanted the judge to deal with it but it was addressed to the admin staff regarding the n244 not signed or dated ?

            Comment


            • #7
              Originally posted by Adamsharpe View Post
              Hi echatt11
              i wrote to the court addressing the issue not signed and dated but they hsve not replied i telephoned every day last week but phone just rings. I did manage friday and they wanted the judge to deal with it but it was addressed to the admin staff regarding the n244 not signed or dated ?
              If they say 'the Judge will deal with it', it's best left to the Judge.

              Comment


              • #8
                Hi my saga with the courts goes on. So the defandant applied a n244 application and a further hearing was granted. I attended the hearing and the judge refused the application and said the order from june 2021 stands. She also said no further applications would be granted as this was the second one in 12 months.
                but now i been sent from the defandant a n245 application. Two pints i am raising are 1 the defandant appears to be saying he not got any spare money and has offered a hundred pounds a month this will take 5.5 years to clear the debt. 2 the most important part. In june 2021 when i won the case he had opportunity to make a payment plan or pay in full yet had nothing surely the defandant has lost the right to even have this heard in front of a judge as this case has taken 3 years to get to this stage. Please hdlp ripping my hair out

                Comment


                • #9
                  Can you please take a look. atticus

                  Comment


                  • #10
                    Do you have the order made by the court on the defendant's unsuccessful application to set aside judgment? I would like to see exactly what is said in the written order about not making further applications.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment


                    • #11
                      How would you like me to send the order. Scan it or just copy what has been written. Many thanks for uour help

                      Comment


                      • #12
                        I am looking for the exact wording of the part that says the defendant may not make a further application. Type it out if that is easier.
                        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                        Comment


                        • #13
                          You can use Imgur to up load the document, but you must remove all personal details and ref numbers.

                          https://help.imgur.com/hc/en-us/arti...aring-to-Imgur

                          Comment

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