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Max Lowry
Max Lowry, Advocate
Category: UK Law
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Experience:  LLB, 10 years post qualification experience
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Hi I am Elizabeth, i got a question about a small county court

Customer Question

Hi I am Elizabeth, i got a question about a small county court claim,
Submitted: 3 years ago.
Category: UK Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry : Hi, welcome to Just Answer. I will help you with your question.
Max Lowry : What would you like to know?
JACUSTOMER-c65w7krc- : I received a County Court Small Claim dated 33 April 2013 on 26th April for payment of service charge on my flat. The Claim Form did say, the Day of Service is taken as 5 days after the issue date shown overleaf which was 23 April 2013.
JACUSTOMER-c65w7krc- : I was required to responde within 14 days from 5 days after the day of service date. My question does the 14 days count week ends, i.e Satudays and Fridays, and Bank Holidy, bearing in mind 6th May was a Bank Holiday.after
JACUSTOMER-c65w7krc- : When , what date in May would be the dead line to submit a response?
Max Lowry : Yes, the 14 day period does include bank holidays and weekends. It is only periods of five days or less than exclude the calculation of weekends and bank holidays. Therefore, a 14 day period would include them.
JACUSTOMER-c65w7krc- : so waht would be my last date to submit?
Max Lowry : If the deemed date of service was 28 April 2013, the 14 day period deadline would be 12 May 2013, meaning the defence should have been in by 4pm 10 May 2013.
JACUSTOMER-c65w7krc- : I submitted on 12th May 2013 by post, but the court marked date of receipt as 16th May. To my total surprise There was a Judgement order made on 15th against to me to pay the full amount.
Max Lowry : If judgement in default has not yet been processed, then you still have time to get the defence (or the acknowledgement of service) lodged at court.
Max Lowry : I see. Do you have a defence to the claim?
JACUSTOMER-c65w7krc- : Yes, I admitted part of the claim and also made payment to the Claiamnt what I agreed. Please note, the same Claimant pursued an unlawful County Court Claim by false represenation and obtained a Default Judgement last year, but when my solicitor challanged him and threatened to report to Law Society and also submitted an application to set aside the Default Judgement
JACUSTOMER-c65w7krc- : he withdrwan and agreed to settle the dispute By a signed Consent Order at Dartford Couty Court on 7th October 2012.
Max Lowry : Okay. If you have a defence to the claim, then you can make an application for the judgement be set aside. This has to be done as promptly as possible. The application is made on Form N244.
Max Lowry : It is here for you:
JACUSTOMER-c65w7krc- : Therafter I wrote to him on several times, by email, letters and phone calls, on each occassion he asssured me he would look into the dispute and settle but he never did, intsaed yet again, he had gone to the court
JACUSTOMER-c65w7krc- : but if the dead line was 12 May 2013, what chance I have in succeding in submitting form 244 to set aside the default judgement?
Max Lowry : You would need to show that you have a reasonable prospect of successfully defending the claim. This is a ground upon which judgement in default will be set aside. The point is, that the onus is now on you to prove your defence, rather than him to prove his claim.
JACUSTOMER-c65w7krc- : The Court has given me the form n244 and I intend to submit N244, upon receiving the County Court Claim Form, I phoned him and his office over 4 times since he had agreed with me and also signed a Consent Order at the Dartford Court agreering to settle the dispute, he had braeched that Consent Order.
JACUSTOMER-c65w7krc- : Upon received the County Court Claim I phoned him / office over 4 times
JACUSTOMER-c65w7krc- : but he chose to ignore my calls
Max Lowry : Well, it sounds as though that may be your basis for the making application to set aside. As I say, if you can demonstrate to the court that there is a realistic prospect that you can defend this claim, the court should set aside the judgement
JACUSTOMER-c65w7krc- : further in between my son was seriously ill with Jaundice and got admitted to Lewisham Hospital and then tarnsferred to Blackheath private hospital too for a few days, he is just recovering from it at home
JACUSTOMER-c65w7krc- : what about the Consent Order he signed?
JACUSTOMER-c65w7krc- : and recorded at Dartford County Court?
Max Lowry : If you signed the consent order to agree to the claim is settled, and then issues a separate claim based on the same facts etc, then the court is likely to strike out his claim as an abuse of process. That would mean that your judgement would get set aside.
Max Lowry : All the background should be concisely and clearly explained in any application that you make.
JACUSTOMER-c65w7krc- : in your opinin waht would be my chance since I was late to submit a response / defence within 14 days, I was distress and preoccupied with my son's illnness and hospital admission and further I thought / impression was that week ends and bank holiday do not count for the 14 days
Max Lowry : If you can show that you are likely to be able to successfully defend the claim, due to the consent order or some other substantive reason, I do think there is a very good chance that the court will set aside the judgement in default.
JACUSTOMER-c65w7krc- : are you or your firm be able to represent us ( the Claim aginst me, my son, my husband and our daugther against two flats. and how much ould be your fee to represent us in just submitting N244 and prepration of Witness Statement
Max Lowry : Nobody on this site could do that for you. We are a question-and-answer system only. I have no doubt that there are lots of solicitors in your local area that can assist you with this.
Max Lowry : I hope this answers your question. If you need further information, either now or later, just let me know and I'll gladly help out. Please do remember to rate my answer as highly as you can for me. Thank you.
JACUSTOMER-c65w7krc- : ok thank you
Max Lowry : Thank you - and good luck :)
Max Lowry : Elizabeth, would you rate the answer for me please, before leaving?

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