Tweet
Hello,
I am helping a lady who is a victim of domestic abuse. Her ex partner has re-submitted a money claim, which was originally struck out under CPR 16.4(1)(a).
The defendant failed to respond to the re-submitted claim with a defence, within the court deadline. This was because the correspondence address used for the claim was c/o of the claimant's estranged father's address. Neither the defendant or claimant has ever lived at this address.
Due to the claimant knowingly using an address that the defendant has never lived at, the re-submitted claim form was not received in time to submit a defence before the deadline that was specified in the order to strike it out.
This has resulted in a default judgement in favour of the claimant, which the defendant now seeks to set aside.
You should note that due to advice from DVAP, the Police and Social Services, the family court has denied the claimant's request to know the address of the defendant and their child for safeguarding reasons. The defendant was moved to safehouse arranged by DVAP in July 2025 and then moved to a permanent address in January 2026. It is imperative that the defendant's current address is not communicated to the claimant as part of the process to request the claim is set aside.
I am trying to establish whether it is most appropriate to request that the default judgement is set aside using CPR 13.2 or CPR 13.3 and also a list of any documentation that should be submitted with the N244 application.
Any support with this process would be greatly appreciated as the default judgement is dated 30th June 2026.
Thank you for reading this post,
M
I am helping a lady who is a victim of domestic abuse. Her ex partner has re-submitted a money claim, which was originally struck out under CPR 16.4(1)(a).
The defendant failed to respond to the re-submitted claim with a defence, within the court deadline. This was because the correspondence address used for the claim was c/o of the claimant's estranged father's address. Neither the defendant or claimant has ever lived at this address.
Due to the claimant knowingly using an address that the defendant has never lived at, the re-submitted claim form was not received in time to submit a defence before the deadline that was specified in the order to strike it out.
This has resulted in a default judgement in favour of the claimant, which the defendant now seeks to set aside.
You should note that due to advice from DVAP, the Police and Social Services, the family court has denied the claimant's request to know the address of the defendant and their child for safeguarding reasons. The defendant was moved to safehouse arranged by DVAP in July 2025 and then moved to a permanent address in January 2026. It is imperative that the defendant's current address is not communicated to the claimant as part of the process to request the claim is set aside.
I am trying to establish whether it is most appropriate to request that the default judgement is set aside using CPR 13.2 or CPR 13.3 and also a list of any documentation that should be submitted with the N244 application.
Any support with this process would be greatly appreciated as the default judgement is dated 30th June 2026.
Thank you for reading this post,
M
Comment