Setting aside a judgement

Posted by: Que Pasa
15/07/08 at 5:53 pm

I am seeking advice on getting a judgement set aside. I did not receive notification of the claim or the judgement and would like to defend the claim. The claimant was notified of a change of address from A to B in October 2004. Royal Mail forwarding service was used for 9 months. The claimant continued to use address A even though they were informed that we were now at address B and had address B on our letterhead. The claimant also had misspelt our surname and were informed of this error. However, the claimant continued to use the misspelt surname. Eventually, we moved from address B to address C in December 2006. In November 2006 we received a recorded delivery package from the claimants solicitors, addressed to address A with the misspelt surname. The postman knew us and delivered it to us at address B where we signed for it. In the package were copies of all correspondence from the claimant, including many which we had never received as they were all addressed to address A and the wrong name. Also in the package was a copy of an unsigned, unstamped N1 claim form with no claim number, addressed to the wrong name at the wrong address. An email was sent to the solicitors informing them that according to one of the copies of the letters,an offer of settlement had been made and that I was willing to negotiate the offer with the claimant. That was the last I heard and I moved to address C in December 2006 and had Royal Mail forward all mail for 9 months. Last week, 8th July, I received a forwarded letter addressed to the wrong name at address B from the bailiffs who demanded payment of the claim and non-response would result in a Forced Entry Warrant being issued if they did not hear back by 2nd July. That was the first I had any knowledge that a claim had been filed and a judgement made. I intend to file a claim for the judgement to be set-aside using a form N244 and for the claim to be re-heard at a local county court. What advice I need at this stage is the correct form of wording to use on the N244 to ask the court to set the judgement aside and what wording to use to explain why I want an opportunity to defend the claim. The main problem I foresee is the fact that it is probably much longer than 28 days since the judgement and that I do have a defence against the claim. I would like to know the correct or best wording to use for questions #3 and #10 on Form N244. Many thanks in advance.