N244 for amendment

[wire23]

I sent him the bundle electronically on the 9th December. I asked him to confirm that he had received the bundle which he did via email. I gave my bundle to the court on the 9th as well. Towards the end of December I had still not received anything from him so I rang the court to check if they had received anything they hadn't.
I double checked with the court confirming that what i sent was correct, the court confirmed it was; my court bundle was 83 pages long.
The defendant sent me emails just after receiving the bundle and offered to do repairs etc and asked what he could do to avoid going to court. I mentioned this to the judge at my hearing.

[Pezza54]

It doesn't sound as if the defendant has a strong claim that he didn't receive N157.
Did the judge say anything about the claim or defence? Cpr implies the judge may still hold the hearing when one party doesn't attend and will just use the absent party's statement of case to make a decision

[wire23]

Judge said the claim on my part was ok (the only thing that was incorrect was the entity) He did ask me to leave the court for a couple of minutes whilst he made a phone call. In itself it seemed irrelevant but during his summing up he said that the defendants phone number was correct so was contactable and address was ok.
he did ask if i had been in communication with the defendant, so i mentioned that they had confirmed receipt of the bundle and had also sent me another email asking me what would it take to prevent going to court

[Pezza54]

That's good. The judge summed up the case and made a judgement in your favour. That's not a default judgement

If you read cpr 39.3 (5) (a), (b) and (c)
The court may grant the application by a party who failed to attend the trial to set aside the judgement provided:
he acted promptly when he discovered judgement had been entered
he had a good reason for not attending
his statement of case has a reasonable chance of success

[wire23]

Hi I thought i would update you all on my case.
The defendant submitted an n244 asking for the case to be set aside and court location moved stating that It was a long way for their legal team and witnesses to travel. A hearing was scheduled for the 30th April. I was given permission to attend via Phone due to an operation i had done. On the day a judge phoned me and informed me that the defendant had failed to turn up to the hearing, Judge dismissed the defendants case.

I submitted a slip note to have the Defendants name amended as I had missed the word LTD from the defendants name. I was originally quoted for my n244 submission it would cost £303 and following Pezza54 advice i only paid £123 (so thankyou for that). Today i have received a judgement order giving permission for the amendment and re-service be dispensed with.

My question is: Is it my responsibility to send the amended paperwork as i did send the amended N1 with my n244. also does the order that was made in my favour in January need to be also amended as it was that that showed the monetary amount the defendant was to pay?
Sorry if i sound a bit dim but this is giving me a bit of a senior moment.

[Pezza54]

The CCJ stands
The defendant's application to set aside the judgement failed
Send a copy of the CCJ to the defendant and a copy of the court dismissal of the application
If the defendant does not pay, or does not offer to pay in installments, you will need to consider what enforcement action to take

[wire23]

To date i have not received a copy of the ruling dismissing the defendants claim to set aside. I am aware that the court do have a back log of 10 to 14 days to send out the paperwork. The only reason I received my judgment was because i said i was concerned the defendant would do a runner so the lady at the court said she would put it to a judge as a priority.

I have emailed the court asking the question about who re-services the claim but have had no response from them which is why i asked the question on here. Thanks again Pezza54 for your timely response its very much appreciated.

If I send the amended N1 and the judgement i received yesterday changing the name, Would that be sufficient or do the court re-distribute the amendment with a court stamp?

Has anyone used that new centralised method of contacting the court service? in my opinion its not fit for purpose because when i have phoned i have been in the high 80's and above in a queue.

[Pezza54]

Seems strange that the defendant paid an application fee to change the hearing to a local court then doesn't turn up for the hearing. Have you checked up on the defendant to see if he is still on the premises and if anything has been added to his company on Companies House?
The court should send a copy of the CCJ (the ccj you received yesterday) to the defendant but there is no harm in you sending another copy. If the CCJ has the amount of debt you are owed, I can't see any point in sending the amended N1. The defendant might think he can have another bite of the cherry

[wire23]

The ccj i received only stated that i was given permission to have the filed copy amended and re-serviced. This is why I am a little confused the judgement on 15th Jan showed the amount owed with interest. Would a copy of the Jan 15th judgement and the recent judgement be sufficient to get the ball rolling re enforcement action?

I agree that the defendant not appearing at any of the hearings is strange considering they claimed they had a full legal team and expert witnesses(sic).

I do keep checking companies house to see if they are trying to dissolve the entity and change name etc. There is nothing unusual at the moment and looking at their finacials they are quite buoyant so in reality should be able to cover the debt.

[Pezza54]

[QUOTE=wire23;n1705961]The ccj i received only stated that i was given permission to have the filed copy amended and re-serviced. This is why I am a little confused the judgement on 15th Jan showed the amount owed with interest. Would a copy of the Jan 15th judgement and the recent judgement be sufficient to get the ball rolling re enforcement action?


In post 20 you stated the court had ordered re-service be dispensed with

[wire23]

Hiya Pezza54 that is correct the judgement reads as follows

"The Claimant has permission to amend the claim form in the form filed and re-service be dispensed with"

I apologise for the lack of clarity.

Am I correct that the amended paperwork had to have a court stamp on it to make it official.

[wire23]

Hi and good morning.

i have received my judgement (see post 20) which gave me permission for the amendment and to re-serve. Post 26 shows the actual wording of the judgement. I contacted the court with an enquiry with a procedural and distribution question namely who is to re-serve the paperwork as on looking for the answer i have read that it is either;

A: Myself as the claimant (if this is the case would i have also received the amendments with a valid court seal (i have not received any other paperwork ) If it is my responsibility should i have had the amended N1 with a court seal sent to me with the judgement.


B: or the court would do the admin and re-serve. ( i suspect that is highly unlikely and note A: is correct)



Am I overthinking this?

Any advice is greatly appreciated

[Pezza54]

Post 26 states re-service to be dispensed with, which means no need to send the other party the amended claim

[wire23]

Thanks very much Pezza54 for the clarification. I have received today the judgement dismissing the defendants application to have the case moved.
I emailed the defendant about payment and they are saying again that they were not aware of a court date and thier solicitor is applying to have the case re-opened and moved to Huddersfield. I'm going to check out high court enforcement officers and get this boxed off does this forum have any recommendations?