Judgment for Claimant

[Indebt1]

Hi All

 

I let out some rooms last year and had a tenant move out with out any notice and the tenant requested the deposit returned, this went to the Tenancy dispute service who had registered the deposit and they found in my favour and advised the tenant that this was legally binding as they had agreed to arbitration.

 

The tenant went and filed a county court claim which i responded to straight away and within the given time, send by recorded delivery and heard nothing more, around six months later (this week) i received a letter advising judgment for the claimant as " no acknowledgement of service had been filed" with an advice that costs will be determined in due course .

 

The case has no merit and they haven't acknowledged receipt of my defence and AOS , so is N244 the only way?

 

Any help will be most appreciated.

[Andyorch]

Yes...thread moved to General Legal Issues Forum..

 

Andy

[BankFodder]

I suppose it is is a cock up by the courts. I'm afraid that the very nice but they are pretty inefficient.

 

Yes, a form N244 is probably the only way forwards.

[Andyorch]

Any particular reason why you didn't respond using the on line service MCOL ? Was the claim issued through Northampton CCBC ?

[Indebt1]

There was alot of paperwork to go with it and i couldnt locate my logins, so i just sent through by recorded delivery and tracked and saw that it was signed for by the court and "assumed" all was ok.

N244 costs around £250 to file and this is clearly a court error, so is there anything to do there?

[Andyorch]

I would complete the N244 and attach evidence of posting and signed for by Northampton and request that you should be exempt from the fee.

 

You are requesting a set a side of the judgment dated claim number xxxxxxx pursuant to CPR 13 down to a procedural error by the court and ask this application be referred to the District judge for directions

 

Attach copies of your acknowledgment and defence if retained copies

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

[Indebt1]

Thank you Andy, would you suggest that i still enclose the check payment?

[Andyorch]

I would speak to CCBC first....if they insist on a initial payment it should only be £100 as hearing shouldn't be required.

[Indebt1]

On the N244 form there is a box asking "what order are you asking the court to make and why" so i enter the following?

I am requesting to set aside the judgment dated th Febuary 2019 for claim number xxxxx pursuant to CPR13 as there has been a procedural error by the court, as we have posted all the requested documents and am attaching the postal reciept and tracking.

[Andyorch]

Fine....and....and ask this application be referred to the District judge for directions