Charges reclaim claimform - Defence struck out. failure to file DQ in time - What to do next.

[Capp]

My current situation is that the defence in my claim has been struck out because they failed to file their AQ on time. I've been told that I need to send in an N244 form to get a judgement so that I can go about getting the money back.

 

Is the N244 form the correct one? I've seen a lot of references to having to pay £35 when using this form because people are changing their claim. Will this charge apply to me?

 

I've done some searches and haven't managed to find any advice on filling out this form. Is there a template people are using, or a step by step guide that I've missed?

 

Many Thanks

[Glenn UK]

Capp

 

Don't get too excited yet, when were they supposed to file their AQ?

 

Even if you file for judgement, they will get 14 days to appeal i believe and the appeal is likely to be granted.

 

I would write to the judge and enclose two draft orders (those that have been used on here for standard disclosure and striking out their defence unless they produce a list of claims they have defended and settled).

 

Abbey failed to file their AQ in my claim i wrote to the judge, sadly those orders weren't about then otherwise id have sent them.

 

Chances are when the court gets your letter if you have sent the orders in with it, they may just use one of them or simply instruct the defendant to file their AQ within 7 days (thats what mine did).

 

HTH

 

Glenn

 

PS alternatively get the N244 pay the thirty five quid and ask for default judgement, don't be surprised if they appeal and submit their AQ though.

[Capp]

This happened toward the beginning of December.

 

The wording on the letter I received from the court was

 

"IT IS ORDERED THAT

 

1. Upon the defence having being struck out the claimant be at liberty to enter judgement."

 

So it looks like I need to write to the judge including the two draft orders that you suggested. Thanks for clearing that up for me, as I have had some conflicting advice saying I had essentially won.

[gizmo111]

I would write to the bank or solicitors enclosing a copy of the order and ask for immediate payment or you will enter judgement without further notice.

Getting a judgement by default is not a simple process as you still have to get it enforced, which incurs more cost, but it is more likely that they will apply for and get set aside and your claim will be delayed for longer.

 

I would go for the reasonable route first give them 7 days to pay and if they haven't then apply for judgement.

 

Good Luck

[Magicgav]

I'd enter judgement immediately.

 

If the bank want to set judgement aside they will need to apply to the Court and explain why they failed to file a Defence in time.

 

From the wording in the Order it sounds like they would have already received an "Unless Order" beforehand and they have ignored this too the Courts will not look favourably upon them.

 

They may well simply settle the Default Judgment order

 

(P.S. I'm a lawyer)

[Capp]

Thanks for all the advice. I've been away for a bit, but have come back to more confusion.

 

I have now received a "Notice that Acknowledgement of Service Has Been Filed". Its telling me that they have 28 days to file a defence.

 

Can I still enter judgement as MagicGav recommended still? If so how do I go about doing this?

 

Any advice would be most appreciated.

 

Thanks

[CrispDust]

When did they do this? Sounds a bit late in the day to me, since the court has already struck out defence!

[Capp]

Thats what I thought. The defence was struck out around early/mid december, and this letter turned up dated 12th January. Its timing for when I was away was obviously perfect as well...

[CrispDust]

Query it with court. Make sure you make them aware that the defence was stuck out and judgement given a month beofre an aknowledgement was received and presumably 2 months after the date reqd for defence/acknowledgment to be filed.

If the court allows set aside on this then I would seriously think about making a complaint to the Court system.