hi andy

thank you so much for moving my form,

what chances i can have to come out from these case.

As i am really worried and i never done in past such things like this.

When i spoke with sub contractor he says he recorded phone call and it matches with my voice but i never made any phone call to him.

i have contacted local solicitor

according to him i have more chances on winning this case based on i did not have direct contract with sub contractor and i have all payment slips

If your defence is the truth on the matter you shouldn't have any problems...just tell it as it is.You really did not need a solicitor either to handle this its quite simple to defend a claim.

"I have spoken with local solicitor today and he told me as i already submit defense i have option to either fight with all documents i have or strike out case.

Solicitor suggest me he can write letter to judge and claimant advising he has no ground for this case and may be judge can consider but this is kind of 50/50 chances. Cost of this work is around £1500 which i don't have. "

This letter is actually an application using the N244 application notice which you submit to the court and request that the claim be struck out...the cost is £255.00 and you could easily do it yourself...but I agree it carry risks and is far better to let the claim proceed to it conclusion...and if you win..you request your own costs involved in defending the claim.

So that Solicitor is charging you £1300 to tick a few boxes/ submit a draft order and post it to court

i just leave everything wait for court direction for submit all evidence and then present my self in court its best idea to do that way.

What happen if i judge ask something and i dont have enough documentation.

or any more information you can tell me which help in my court case

thanks

If your well prepared and have all the documentary evidence with a good witness statement to all the facts...why would he ask anything that your not ready to answer..preparation is key.

Hello Kamit

The main building contractor gave you a price of £5k for the works, but you say this sub-contractor is claiming £13k from you, how has he worked out his allegation that you owe him £13k?

If this sub-contractor says he has a voice recording of you and he wishes to rely on it as evidence, then at the case management hearing you must ask the court for permission to rely on an expert from the field of voice recognition, in any event, this sub-contractor must prove it's your voice!

From what you have said, and you are clearly speaking the truth, this sub-contractor has no contract with you to sue on, he has no grounds to pursue you for this claimed money, his cause of action is against the main building contractor! If the main building contractor did not pay this sub-contractor you are not legally responsible for this.

Did this sub-contractor set out his particulars of claim, or did he just put brief details of claim on the N1 claim form?

I think also you should bring your own claim against the main building contractor for breach of his contract with you, as you have said he didn't finish the works he agreed to do, which you have paid him in full for, and the work he has done is not satisfactory and may even breach building regulations. That load bearing beam must be fitted correctly!

Haunter

Hi

That's puzzle me as well.

As original contactor did contract for 5k but he is claiming 13k

he is claiming for full house refurbishment work which is we did not discuss with main contractor and it was clear in contract what work need to be done.

I found out today that sub contractor made claim against main contactor but his claim struck out I believe he did case on me to get this money.

My another problem is main Builder now outside country he is saying his visa expired so not sure when coming back I believe he is lying.

How much chances I have if I produce evidence confirming this sub contractor made claim against main Builder and his case struck out by court due to not enough evidence.

When I received claim form it was just note when they filled out online claim form.

He is claiming I'm main Builder and I told his workers I am main builder which is not even true.

When he visited house he has his mobile phone and he was recording I told him clearly he should speak with main Builder about this issue.

Please help

Well based on all the information you have posted here, the fact remains that there is no contract between you and the claimant (this sub-contractor).

Simply set out all the facts in your witness statement just as you have done here.

When the court gives directions on disclosure, list out all the documents you rely on, this is your evidence which proves your defence that there is no contract between you and the claimant, he must pursue the main building contractor for his claim for payment for any work done on your home!

Haunter

I have received today n181 form I have also received attached letter confirming they have done administrative error and given date until 16/10/2017 to return this form. I have never seen this form. Can I fill out struck out information on this form

I have received today n181 form I have also received attached letter confirming they have done administrative error and given date until 16/10/2017 to return this form. I have never seen this form. Can I fill out struck out information on this form

See my post #25

Hi,

its same thing as n180 form.

As they have sent out wrong form i have to send once again.

Is there any chance i can mention in this form to struck out court case.

Thanks,

N181 is Fast Track...just a different track...which is correct as the claim is over 10K (small claims threshold)

And no you cant ask for it to be struck out on the Directions Questionnaire

Do I have to submit any evidence to court with this Form or not? Will I receive another letter from court asking to submit evidence which I will rely on

No evidence required at the moment. Just fill out the N181 and file and serve it, you should do this by Special Delivery so you have proof of it being received by the court and the claimant.

The court will give notice to the parties regarding case management conference, at this hearing the court will make directions for disclosure and exchange of witness statements for preparation of the trial.

Haunter

No evidence required at the moment. Just fill out the N181 and file and serve it, you should do this by Special Delivery so you have proof of it being received by the court and the claimant.

 

The court will give notice to the parties regarding case management conference, at this hearing the court will make directions for disclosure and exchange of witness statements for preparation of the trial.

 

Haunter

Not always the case Haunter....parties are requested to submit their own draft directions in Fast Track.

Andy

In the letter it's says

File proposed directions (whether or not agreed) with the directions questionnaire. Can someone please explain what is this and what do I have to do

Thanks

On page 1 of the N181, put the name of the court and the claim no. in top right-hand box.

Then put your name in the top-left hand box, you are the defendant in this case, so under this box put a line through 1st, 2nd, 3rd, Claimant, and Part 20 claimant.

Then at Part A Settlement, where it says “for all”, tick yes to box 1 and tick yes to box 2, leave the BIG BOX under number 3 BLANK.

On page 2, Part B & C LEAVE BLANK

Part D case management information, D1. Applications tick the NO box, D2 LEAVE BLANK

On page 3, case management information (continued), D3 LEAVE BLANK

D4 Disclosure of non-electronic documents (all cases)

What directions are proposed for disclosure

In the box below write, “Standard disclosure by list”

LEAVE THE REST OF PAGE 3 BLANK.

On page 4, Part E Experts (continued), LEAVE BLANK

Part F Witnesses,

Your name Kamit, and you are a witness to all facts.

If your wife, or any other person is a witness to the facts, put their name also and what facts they are a witness to.

Part G Trial or Final Hearing, TICK THE BOX THAT SAYS “ONE DAY”

Any days when you, an expert or essential witness will not be able to attend the trial or final hearing; you will know the answer to this part!

On page 5, H Costs, LEAVE BLANK

I Other information, if you are going to make an application tick the yes box, and then state what the application is for, otherwise LEAVE BLANK

“In the space below set out what other information you consider will help the judge to manage the claim”.

In this BIG BOX, you can tell the court if the claimant complied with Pre-Action Conduct and sent you a letter before claim, and you can tell the court whether the claimant has complied with CPR r.9.1(2) and served his particulars of claim on you, and any other rule he has not complied with, and any other important information that you think will help the judge to manage the claim.

On page 6, J Directions, see all the information below, including the example directions for fast track directions, I have cut and pasted this from the PART 28 Practice Direction.

Then sign the N181, date it and put your name and address, contact details, and make x3 copies of it, one copy for yourself, one copy for the court, and one copy for the claimant.

BEFORE, you file and serve your completed N181, contact the claimant and ask him if he is willing to agree directions with you, and if he is, what directions does he propose?

Your basic draft order for directions in this case (as posted here by you) will be something along the lines of the following: (the court/judge will decide the exact date and by what time)

The parties shall give disclosure by standard disclosure by list, to be served by and on all parties within 4 weeks of service of the order;

Any request for inspection and copies of the documents disclosed in the list shall be made within 7 days of service of the list;

The parties shall file and serve their witness statements simultaneously within 10 weeks of service of the order;

The parties shall file and serve their pre-trial check lists within 22 weeks of service of the order;

There be a hearing within 30 weeks of service of the order to deal with any issues between the parties; in the alternative, if there are no issues outstanding the trial or final hearing will take place;

This is what CPR Practice Direction 28 says about the parties’ draft order for directions:

Directions on allocation

3.1 Attention is drawn to the court’s duty under rule 28.2(2) to set a case management timetable and to fix a trial date or a trial period, and to the matters which are to be dealt with by directions under Rule 28.3(1).

3.2 The court will seek to tailor its directions to the needs of the case and the steps of which it is aware that the parties have already taken to prepare the case. In particular it will have regard to the extent to which Practice Direction (Pre-Action Conduct) or any pre-action protocol has or (as the case may be) has not been complied with.

3.3 At this stage the court’s first concern will be to ensure that the issues between the parties be identified and that the necessary evidence is prepared and disclosed.

3.4 The court may have regard to any document filed by a party with their directions questionnaire containing further information provided that the document states either that its contents have been agreed with every other party or that it has been served on every other party and when it was served.

3.5 If:

(1) the parties have filed agreed directions for the management of the case, and

(2) the court considers that the proposals are suitable,

it may approve them and give directions in the terms proposed.

3.6

(1) To obtain the court’s approval the agreed directions must:

(a) set out a timetable by reference to calendar dates for the taking of steps for the preparation of the case,

(b) include a date or a period (the trial period) when it is proposed that the trial will take place,

© include provision about disclosure of documents, and

(d) include provision about both factual and expert evidence.

(2) The latest proposed date for the trial or the end of the trial period must be not later than 30 weeks from the date the directions order is made.

(3) The trial period must not be longer than 3 weeks.

(4) The provision in (1)© above may:

(a) limit disclosure to standard disclosure between all parties or to less than that, and/or

(b) direct that disclosure will take place by the supply of copy documents without a list, but it must in that case either direct that the parties must serve a disclosure statement with the copies or record that they have agreed to disclose in that way without such a statement.

(5) The provision in (1)(d) may be to the effect that no expert evidence is required.

3.7 Directions agreed by the parties should also where appropriate contain provisions about:

(1) the filing of any reply or amended statement of case that may be required,

(2) dates for the service of requests for further information under Practice Direction 18 and questions to experts under rule 35.6 and when they are to be dealt with,

(3) the disclosure of evidence,

(4) the use of a single joint expert, or in cases where the use of a single expert has not been agreed the exchange and agreement of expert evidence (including whether exchange is to be simultaneous or sequential) and without prejudice discussions of the experts.

3.8 If the court does not approve the agreed directions filed by the parties but decides that it will give directions on its own initiative without a hearing, it will take them into account in deciding what directions to give.

3.9 Where the court is to give directions on its own initiative and it is not aware of any steps taken by the parties other than the service of statements of case, its general approach will be:

(1) to give directions for the filing and service of any further information required to clarify either party’s case,

(2) to direct standard disclosure between the parties,

(3) to direct the disclosure of witness statements by way of simultaneous exchange,

(4) to give directions for a single joint expert unless there is good reason not to do so,

(5) in cases where directions for a single expert are not given:

(a) to direct disclosure of experts’ reports by way of simultaneous exchange, and

(b) if experts’ reports are not agreed, to direct a discussion between the experts for the purpose set out in rule 35.12(1) and the preparation of a report under rule 35.12(3).

3.10

(1) If it appears to the court that the claim is one which will be allocated to the fast track but that it cannot properly give directions on its own initiative or approve agreed directions that have been filed, the court may either:

(a) allocate the claim to the fast track, fix a trial date or trial period and direct that a case management hearing is to be listed and give directions at that hearing, or

(b) direct that an allocation hearing is to be listed and give directions at that hearing.

(2) In either case the hearing will be listed as promptly as possible.

3.11 Where the court is proposing on its own initiative to make an order under rule 35.15 (which gives the court power to appoint an assessor), the court must, unless the parties have consented in writing to the order, list a directions hearing.

3.12 The table set out below contains a typical timetable the court may give for the preparation of the case.

Disclosure 4 weeks

Exchange of witness statements 10 weeks

Exchange of experts’ reports 14 weeks

Sending of pre-trial check lists (listing questionnaires) by the court 20 weeks

Filing of completed pre-trial check lists 22 weeks

Hearing 30 weeks

These periods will run from the date of the notice of allocation.

And this is the example of directions as set out in the practice direction 28:

Appendix : FAST TRACK STANDARD DIRECTIONS

Further statements of case

The must file a and serve a copy on no later than .

Requests for further information

Any request for clarification or further information based on another party’s statement of case shall be served no later than

[Any such request shall be dealt with no later than ].

Disclosure of documents

[No disclosure of documents is required]

[[Each party] [The ]

shall give [to the ]

[to every other party] standard disclosure of documents

[relating to ]

by serving copies together with a disclosure statement no

later than ]

[Disclosure shall take place as follows:

[Each party shall give standard discovery to every other party by list]

[Disclosure is limited to [standard] [disclosure by the

to the ] [of documents relating to damage]

[the following documents ]

[The latest date for delivery of the lists is ]

[The latest date for service of any request to inspect or for a copy

of a document is ]]

Witnesses of fact

Each party shall serve on every other party the witness statements of all witnesses of fact on whom he intends to rely.

There shall be simultaneous exchange of such statements no later than

Expert evidence

[No expert evidence being necessary, no party has permission to call or rely on expert evidence].

[On it appearing to the court that expert evidence is necessary on the issue of

[ ]

and that that evidence should be given by the report of a single expert instructed jointly by the parties, the shall no later than inform the court whether or not such an expert has been instructed].

[The expert evidence on the issue of shall be limited to a single expert jointly instructed by the parties.

If the parties cannot agree by who that expert is to be and about the payment of his fees either party may apply for further directions.

Unless the parties agree in writing or the court orders otherwise, the fees and expenses of such an expert shall be paid to him [by the parties equally] [ ] and be limited to £ .

[The report of the expert shall be filed at the court no later than ].

[No party shall be entitled to recover by way of costs from any other party more than £ for the fees or expenses of an expert].

The parties shall exchange reports setting out the substance of any expert evidence on which they intend to rely.

[The exchange shall take place simultaneously no later than ].

[The shall serve his report(s) no later than the and the shall serve his reports no later than the ].

[The exchange of reports relating to [causation] [ ] shall take place simultaneously no later than .

The shall serve his report(s) relating to [damage] [ ] no later than and the shall serve his reports relating to it no later than ].

Reports shall be agreed if possible no later than [ days after service] [ ].

[if the reports are not agreed within that time there shall be a without prejudice discussion between the relevant experts no later than to identify the issues between them and to reach agreement if possible.

The experts shall prepare for the court a statement of the issues on which they agree and on which they disagree with a summary of their reasons, and that statement shall be filed with the court [no later than ] [with] [no later than the date for filing] [the pre-trial check list].

[Each party has permission to use [ ] as expert witness(es) to give [oral] evidence [in the form of a report] at the trial in the field of provided that the substance of the evidence to be given has been disclosed as above and has not been agreed].

[Each party has permission to use in evidence experts’ report(s) [and the court will consider when the claim is listed for trial whether expert oral evidence will be allowed].]

(see paragraphs 6, 7 and 9 of Practice Direction 35)

Questions to experts

The time for service on another party of any question addressed to an expert instructed by that party is not later than days after service of that expert’s report.

Any such question shall be answered within days of service.

Requests for information etc.

Each party shall serve any request for clarification or further information based on any document disclosed or statement served by another party no later than days after disclosure or service.

Any such request shall be dealt with within days of service.

Documents to be filed with pre-trial check lists

The parties must file with their listing questionnaires copies of [their experts’ reports] [witness statements] [replies to requests for further information]

Dates for filing pre-trial check lists and the trial

Each party must file a completed pre-trial check list no later than .

The trial of this case will take place [on ] [on a date to be fixed between and ].

Haunter

Wow that's so much information to take in It's now become more complicated.

I don't have to submit any documents on this stage am I right ?

Just filled out n181 form and letter with direction for court case.

I will sure mention few things in directions such like struck out and he is using my name wrongly

No documents at this stage.

Kamit, if you want to, you can say in your draft directions “The claim is struck out”, but it is very unlikely that the court will strike it out!

If you want this sub-contractor’s claim struck out, you will have to make an application on form N244, this will cost you a fee of £255, you will have to provide evidence to support the application, witness statement and documents, and the burden of proof will be on your shoulders! The court will most likely hold a hearing on such an application, unless your evidence is clear cut, cannot be contested or denied.

At the moment, the burden of proof is on the claimant’s shoulders.

Haunter

he create more problem for everything.

I never received any letter from.sub contactor about this I only received claim form from court.

When court first send out n180 form he never sent me copy,

I return and sent copy to his address but it's still says on royal mail website he did not collect that post.still say undelivered.

Can judge consider all these this things in hearing or do I have to do anything

Send him another copy (ordinary post, not special or recorded delivery).

Get a (free) certificate of posting for it.

It is deemed to have been delivered after a few days, so you aren’t scuppered by knowing (from a tracking number) that it hadn’t been delivered.

What happens if he dont send me his copy of his n181 form to me or dont send any evidence confirming which he relays on as so far till today's date he never send me any letter or email such like pre action letter or copy of n181 form. what do i have to do in that case?

Nothing......its only a civil expectation that parties exchange DQs...with regards to disclosure and witness statement...if he fails to serve you can inform the court and request sanctions be imposed...if he fails to submit them to the court he is prevented from relying on any documented evidence......and the claim most probably dismissed

Andy

I received signed for today morning and problem is when I opened envelope it was completely blank paper inside. I believe it's from other side as envelope has no sender information and writing was weird as well. I try to check with post office no help. I believe direction questionnaire date run out on 16/10 so it's definitely from sub contractor.

Can some one help me as I believe he just want to sign documents to confirm in court case he sent to me. Please help

Check with your court to see if he has submitted his DQ to them

I checked on Friday and nothing was submitted when I received envelope date posted on 13/10/17 which is on Friday as well