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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
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Experience:  Award winning lawyer with over 15 years experience
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I started a claim in the English Money Claim On-line for a

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I started a claim in the English Money Claim On-line for a Director who left but didn't pay back a loan.

The courts issued a timeline for exchange of information, witness statements etc. I provided the disclosure information to the defendants solicitor and then I ask to confirm the date of exchange of witness statements. They didn't give me a date and I kept asking, then the defendants solicitor said that they were no longer representing the defendant. I spoke with the defendant and he said that he was being made bankrupt, I said that when he is made bankrupt could he send me the certificate. He didn't and then the courts struck out the claim because the directions were not adhered to. I have only just found out as I have been in Australia for two months, what do I do to get the case back on track ?

I think that the defendant used the issue of bankruptcy as a ruse to get the claim struck out.

Please help
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You can make an application to the court to get the matter reinstated - on form n205

The problem you will face however is that if he is bankrupt you may well be spending good money chasing bad
Customer: replied 3 years ago.

Dear XXXXX Judge,


Yes that is why I requested to see the certificate, because I think that the defendant told me that he was being made bankrupt just for me to forget about chasing the debt. But in reality, he wasn't being made bankrupt, does that make sense ?

Yes that makes sense. So you would then make an application to reinstate.
Customer: replied 3 years ago.

Dear XXXXX Judge,


Thanks, XXXXX XXXXX what I have told you, would that be sufficient grounds for the case to be reinstated ? Are there any criteria that I need to satisfy for a case to be reinstated ? and where can I get an n205 form from ?


You will need to explain to the court what the problem was as to why the matter was struck out and seek for it to be reinstated - here is the form - it is actually n244

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