N244 refused

[Foxer]

A claiment has served papers at a address i have not been at since 2001 , dispite having more upto date address , i Filled in a n244 which was refused , how can this be possible?

[Foxer]

N244 refused

I have had a n244 refused , the claimant served documents To a address not lived At for 14 years , dispite having present address ! On the refusal it stated i did not supply address for papers To be served

[Diana M]

Re: What do I do next

Hello Foxer,

You've posted this on someone else's thread.

If the Claimant has served papers (county court summons I presume) to an address where you haven't lived since 2001 how do you know that? Perhaps these were forwarded on to you by the current occupier of that address if they know you.

How far has this claim got? Has there been a Default Judgment (CCJ) which is why you've submitted a N244 application seeking a set-aside? You say that this application has been refused, so what reason was given for the refusal?

If you've got evidence that the Claimant has your current address that may be enough to get a set-aside (if that's the reason for your N244 application) but you also have to demonstrate to the court that your would have reasonable prospects of success if the CCJ was set-aside by also submitting a Defence at the same time.

What stage are you at?

Who is the Claimant, what and how much are they claiming, and why?

Di x

[Diana M]

Re: N244 refused

You've also posted this on someone else's thread so I replied there. Here is what I said which you can respond to on here instead. I hope that makes sense.

Di x

Posted on Jessyj's thread http://legalbeagles.info/forums/show...375#post659375

A claiment has served papers at a address i have not been at since 2001 , dispite having more upto date address , i Filled in a n244 which was refused , how can this be possible?

Hello Foxer,

You've posted this on someone else's thread.

If the Claimant has served papers (county court summons I presume) to an address where you haven't lived since 2001 how do you know that? Perhaps these were forwarded on to you by the current occupier of that address if they know you.

How far has this claim got? Has there been a Default Judgment (CCJ) which is why you've submitted a N244 application seeking a set-aside? You say that this application has been refused, so what reason was given for the refusal?

If you've got evidence that the Claimant has your current address that may be enough to get a set-aside (if that's the reason for your N244 application) but you also have to demonstrate to the court that your would have reasonable prospects of success if the CCJ was set-aside by also submitting a Defence at the same time.

What stage are you at?

Who is the Claimant, what and how much are they claiming, and why?

[Foxer]

Re: N244 refused

I recieved letter yesterday it has been refused stating defendant has failed To provide address for service , there were 2 addresses on the agreement a Buisness address and a personel address , i would have recieved if they had used either , but they found a address i moved from in 2001 . I only knew when baliffs arrived ar address , £4700 , i payed £2000 then filed n244 explaining i really think they have done it on purpose

- - - Updated - - -

The claimant is blacks Buisness brokers , it was for a sale of a Buisness , all i am asking is for it To go back To the claim stage so i have the opportunity To deal with it

[Diana M]

Re: N244 refused

Since this has reached the bailiffs stage I expect you need to deal with that pressing issue first.

Someone else on here will know how to handle bailiff problems which is not my area of knowledge.

If it did go back to court would you have a Defence to the £4,700 sum claimed by Blacks Business Brokers, or are you seeking more time to pay the claim (CCJ) which you appear to admit you owe, which is perhaps why you've paid £2k towards it?

Di x

[Foxer]

Re: N244 refused

Blacks claim was £3300 plus all Costs etc it came To £4700 , yes i do owe Some money To them but i would dispute the £3300 , i pair £2000 because i was put under emonmous pressure by baliffs , i ha e not had the opportunity To deal with it At the claim stage ,! And from what i am Reading on the internet once the n244 is refused that is the end of the line??

[Foxer]

Re: What do I do next

What can I do next ?

[Joanna C]

Re: What do I do next

When you say that you had filled in a N244 - what had you actually asked for? Can you post up the wording you used ?

Had you informed the Claimant that you had moved from the old address at all? This is important for deciding whether the default judgment has been obtained irregularly or not. If you had notified the Claimant of a new address then it would be an 'irregular judgment' and the court must set it aside.

If you hadn't notified the Claimant then it is a 'regular judgment' and the court has discretion whether to set aside or not. In those circumstances it is usually a good idea to also file with your N244 a copy of your proposed defence as Just Di has said

[Foxer]

Re: What do I do next

Asked for judgement to be set aside , the address they served documents was a very old address , I moved from there in 2001 , they had a Buisness address for me and a personal address , why did they not send it to one of them , I would of recieved it ?

[Guest]

Re: N244 refused

Blacks claim was £3300 plus all Costs etc it came To £4700 , yes i do owe Some money To them but i would dispute the £3300 , i pair £2000 because i was put under emonmous pressure by baliffs , i ha e not had the opportunity To deal with it At the claim stage ,! And from what i am Reading on the internet once the n244 is refused that is the end of the line??

It is possible to apply to suspend a warrant of control (used to send bailiffs), using form N245. The form has a section for you to supply your financial details and make them an offer you can afford to pay in monthly installments.

What's the status with the bailiffs at the moment?

Why was your set aside application refused?

[Foxer]

Re: N244 refused

Failed to provide a address for service ?

[Amethyst]

Re: N244 refused

Did you put an address on the form?

If so we probably will need to see your application to see why the court are saying no service address given.

(Merged your other thread with this one)

[Foxer]

Re: N244 refused

To be honest no , court have my address ?

[Amethyst]

Re: N244 refused

Your application was incomplete in that case, you made an application based on the address used by the claimant incorrect but failed to give the correct address.

Did you just have the N244 rejected by the court staff or did the Judge look at it and make a decision ?

What exactly does the letter your got from the court about the rejection say?