Valid reasons to have your judgements 'set aside' (to be used on n244 form)
Introduction
To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.
We have listed quite a few valid reasons below.
- Were you given 28 days notice in order to pay?
- Were you living at the address when the summons and judgement took place?
- If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
- Did you receive the summons? They are not sent by recorded mail.
- Maybe you were unable to attend court and defend yourself.
- The judgement should not appear on the credit files if it was paid up within 28 days.
- If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
- If you did not receive any notification of the judgement/s made against you, then you can appeal.
- Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
- Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
- It could have been that you were away from the time between the issue of the summons and entry of the judgement?
- Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?
- Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?
Lastly...
You can use any of the above reasons to have your judgements set aside.
Remember that no correspondence sent by the courts or the plaintiff is ever recorded. In the majority of cases County Court Judgements fail to comply with every detail.
This gives you the chance of having your judgement/s removed forever.
