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4 years later I get a County Court Claim, what a privilege!
Comments
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Many thanks for this, I wasn't sure how to navigate this.Jenni_D said:You need to phone the court (follow up with an email) that was dealing with this and ask them why they didn't call you as per the court directions you received. Demand that this judgment gets set aside (at no cost to you) because of the court's failings, and that the claimant is barred from any enforcement action in respect of the current judgment.
DO THIS TODAY!
I've been notified the judge will be informed and I've been sent email confirmation of this.3 -
The set aside was granted but I completely missed filing a statement on explaining what happened, for this reason the case was dismissed.
The advocate suggested postponing to which I disagreed with, now in hindsight, that would have allowed me to file a statement. I just crumbled from nerves.
The judge said that had reviewed the content, I do infact have a worthy case but it bothered him that I could miss filing a statement.
Really frustrated on this one and the lesson to share here is stay on top of your paper work.
Gutted I spent this much hours on this and failed.0 -
Do you mean you didn't file a witness statement? What then did you send with your N244 form OR do you mean you did not file a defence to the underlying claim? When you say the claim was dismissed was it in your favour or was judgment given to the claimant? The two statements don't make sense (to me)! At least you got it set aside and no further about your credit record/file being trashed.2
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I filed a witness but he said he was rather confused himself at the set aside, then proceeded to ramble for 30 minutes that this informal route of a set aside is legal. However, it didn't set well with him that I did file a statement that I did not receive a call for the first case.
The judgement was given to the advocate for the claimant and when I asked in regards to appealing this, he said it would be denied.
It came across particularly harsh but I guess it's a (unpleasant) lesson.0
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