No Summons but Judgement ordered

waamo

I would reference the ccj you want setting aside. You will see a reference in the top corner of the judgement so it will be something like "To set aside county court judgment reference xxxxxx"

Make it simple for them.

Lynxy

Question 4
Have you attached a draft of the order you are applying for?
-- Nothing in the notes for guidance to assist with this. Is this a copy of the original claim - :undecided:

Quentin

Before tearing into this blind you would be much better prepared by spending some time learning about set aside applications via the newbies faq thread

#2 there has a whole section devoted to this

The draft order you now ask us about is covered there too,!

Coupon-mad

The NEWBIES thread does indeed cover set asides; every question on a N244.

But why are you going that expensive route and not simply replying to the Judge (VERY urgently and not on THE PHONE!) who sent the judgment order by default, and state that you were assured you would be allowed an oral hearing (attach the email) and that you heard nothing since and believe the court's administration has fallen into error. As such you ask that the order be rescinded, and directions sent out regarding a hearing

Or have you realise you missed the allocation letter and hearing date on it? Did you file a WS and evidence?

Lynxy

Coupon-mad wrote: »

The NEWBIES thread does indeed cover set asides; every question on a N244.

But why are you going that expensive route and not simply replying to the Judge (VERY urgently and not on THE PHONE!) who sent the judgment order by default, and state that you were assured you would be allowed an oral hearing (attach the email) and that you heard nothing since and believe the court's administration has fallen into error. As such you ask that the order be rescinded, and directions sent out regarding a hearing

Or have you realise you missed the allocation letter and hearing date on it? Did you file a WS and evidence?

I was not aware that I could do this. Let me draft something up immediately.
This is the judgement that was served - https://imgur.com/a/8IMSli5
No names of the Judge to reply too.
I did file a WS & evidence. I was going to use this on the N244 form.

I did not miss the allocation letter or hearing date - The last I head was that a date will be set for court and fast forward, I got a judgement order :sad:

Le_Kirk

You've left your name clearly visible on the judgment (probably doesn't matter now as the PPC know who you are but they might still glean useful info from the forum as they might want to fight the set-aside claim) and also the judge was Recorder Gallagher.

Lynxy

Le_Kirk wrote: »

You've left your name clearly visible on the judgment (probably doesn't matter now as the PPC know who you are but they might still glean useful info form the forum as they might want to fight the set-aside claim) and also the judge was Recorder Gallagher.

I have just updated it, I missed that.
In my ignorance I wasnt 100% certain Recorder was a name or someone that recorded the judgement.

Lynxy

Do I send this to Uxbridge CC or CC in Central London where the trial took place? Or Both?

---

Dear Uxbridge County Court,
FTAO Recorder Gallagher,

I am writing this letter with reference to Claim XXXX in which I was served a judgement in absence. It was my full intention to attend the court and defend the claim as I have requested to Uxbridge County Court. Please see my email dated xxxxx to the court clerk which requests to have my day in court. This was my perseverance as the claimant requested a trial by letter and but I wanted to stand before a judge and present my statement and evidence.

It would have been meaningless to have made this request and to not attend. I received a letter confirming that I will be allocated a court date but I have heard nothing since and believe the court's administration has fallen into error. As such, I ask that the order be rescinded, and directions sent out regarding a hearing.

I would be grateful if there is some urgency placed in this letter. I look forward to your reply for an immediate resolution.

BrownTrout

Email it to both.
However you need to reword it completely, it sounds full of waffle and should be structured more formally

Lynxy

BrownTrout wrote: »

Email it to both.
However you need to reword it completely, it sounds full of waffle and should be structured more formally

Really? I thought it gets the point across. Which bits shall I take out, the last paragraph?