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Newbie requires urgent N1 claim form statement of truth issue clarifying.


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Hello there.

I have been served an N1 claim form from a dodgy builder I sacked for substandard work.

 

The Statement of truth has been filled in by an unknown party ( Name printed and signed)

but they have not stated who they are.

 

They are NOT the claimants solicitor as he doesn't have one.

 

Neither Claimant ,Litigation friend or Legal representative has been selected from the options and neither has the name of firm or position held .

 

It seems clear to me that the statement of truth is not binding and the form should not have proceeded through the court system with this error.

 

I am in court this Wednesday the 20th April.

 

The question is -

Is this claim form legally binding .

What is my legal position.

Is the claim void in its current state.

 

Thank you.

Edited by zed1015
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Hi zed and Welcome to CAG

 

The Claimant is the person bringing the claim and the Defendant is the person against whom the claim is brought. Their names should be stated in full.

 

In the case of individuals their titles and, in the case of individuals carrying on business in a name other than their own name, their trading names should also be stated.

 

In the case of a partnership (other than a limited liability partnership) where partners are being sued in the name of the partnership, the full name of the partnership should be stated and proceeded by the words “(a firm)”. Where partners are sued as individuals the full name of each partner, including their titles, should be stated.

 

If the Claimant is claiming in a representative capacity or the Defendant is sued in a representative capacity, it is necessary to state what that capacity is.

 

In the case of companies, corporations and limited liability partnerships the full name including any suffix (for example plc) should be stated.

 

Immediately below the names the full address or each party should be stated.

 

http://www.inbrief.co.uk/claim-preparations/claim-form-n1.htm

 

Regards

 

Andy

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Hi. Andy .

Sorry but your reply bears no relation to my query .

I am fully aware of the differences between claimant and defendant etc and what information should be provided.

 

 

What I simply need to know is what are the implications of the claimant not completing the N1 Statement of truth correctly.

 

 

All internet searches only say that the Statement must be completed but they do not state what the implications are if it isn't.

Edited by zed1015
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Although a statement of truth such as you are describing could cause a problem in a high-value case, in a case such as yours it is likely to be treated merely as a technicality unless you can show that there is some untruth in the particulars.

 

The reality is that the outcome of the case will depend on the quality of the arguments on either side.

 

If you are stacking your chances of winning mainly on this technical flaw then you are taking a very big risk.

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I'm not relying on this to help my case at all but the particulars do contain untruths to which I have undisputable proof to the contrary and I do know that the lack of a statement of truth can lead to the particular piece of evidence it pertains being inadmissible.

I just wanted to be armed with the correct information as to how it applies to the validity of the N1 claim form when I go to court on Wednesday.

It is just another item to be added to the catalogue of lies and errors made by the claimant and solicitors that you just wouldn't believe.

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Although a statement of truth such as you are describing could cause a problem in a high-value case, in a case such as yours it is likely to be treated merely as a technicality unless you can show that there is some untruth in the particulars.

 

The reality is that the outcome of the case will depend on the quality of the arguments on either side.

 

If you are stacking your chances of winning mainly on this technical flaw then you are taking a very big risk.

Hmmm... I received an unsigned Statement of Truth from a creditor's solicitor... the value of their claim was in excess of £25k and the Court still allowed it. TB

 

I'm not relying on this to help my case at all but the particulars do contain untruths to which I have undisputable proof to the contrary and I do know that the lack of a statement of truth can lead to the particular piece of evidence it pertains being inadmissible.

I just wanted to be armed with the correct information as to how it applies to the validity of the N1 claim form when I go to court on Wednesday.

It is just another item to be added to the catalogue of lies and errors made by the claimant and solicitors that you just wouldn't believe.

 

 

I WOULD believe it. Also, 'mistakes' made by the Court... (always in favour of the represented side)..the whole bunch of them ride roughshod over LIPs, so please be aware! TB

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Thanks!

 

 

I read that during my extensive searches prior to posting on here .

It is the allowance of the N1 form to be processed through court channels with that glaring error which disgusts me.

After all their strict guidelines and deadlines the form should have been disallowed and returned to the claimant to be rectified but they seem to make up their own rules as they go along.

Calls to MCC Salford returns the usual robotic response with no hint of admittance of error and the repeated advice to go seek independent legal advice.

The whole 18 month (fast track) experience has pretty much followed the same level of incompetency so I shouldn't really be surprised.

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I wouldn't worry about the issuance...its later in the process that is becomes relevant.

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  • 2 weeks later...

UPDATE.

 

The case against me was thrown out within the first ten minutes of the hearing mainly due to the statement of truth issues I had queried about but also due to the grounds of the claim so all is well in that respect - RESULT :-)

 

HOWEVER! My own counterclaim was dismissed without being heard because the judge had the view that it was only issued in response to the claim against me which is NOT the case.

 

Regardless of the judges ill conceived supposition, my counterclaim was a stand alone issue with the filling fees independently paid for and I do not see how it can be legally brushed aside without being heard.

How can it be dismissed on the judges personal opinion of the grounds and motives of why it may have been brought against the claimant and not on the actual facts of the case.

 

My claim is backed up by expert reports and professional evidence and non of this was considered or discussed.

Surely my claim had to go through due legal process and be found to be either in favour or against on the grounds of the facts ?

Edited by honeybee13
Paras.
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Brief background.

I sacked dodgy builder half way through job and paid him off ( Got signed receipt etc)

Builder takes me to court for remaining balance of FULL price quoted for complete job. (The claim which he lost)

My counterclaim was for costs to remedy his bodges and complete the job to the std it should have been.

The large majority of these faults were found after his dismissal and not the reason i initially sacked him.

The costs claimed for were to cover the amount required above his original quote.

So his quote = 12k

Price to remedy and complete = 18k

18K minus 12K = 6K

So my claim was for 6k .

I am also an additional £2000 out of pocket for cost's incurred during my defence of his claim which were not mentioned in court and there is so far no indication of any refund of my court fees.

This is not right.

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What a mess! They should have taken the counterclaim into consideration...Did you issue a defence/counterclaim, and if so, did the builder provide any argument against your counterclaim? Did you put in a claim for the £2k costs? If so, why were they not awarded? TB

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I issued a defence/counterclaim as my evidence was applicable to both.

I had included a claim in the defence for £455 court fees and £420 survey report costs which I needed to prove the legitimate reason for his sacking and also legal fees to be considered ( for the incompetent solicitor I also sacked earlier on in the case )

The builder provided virtually no coherent argument to either only repeatedly stating that he's been in business x amount of years and that it would have all been put right on the snagging list which was a joke.

I had also uncovered that he was unlawfully charging VAT and not a member of the NHBC as claimed on his bill heads again neither of which were mentioned.

The court proceeding were over in a flash. I didn't even get chance to open my evidence file which is about 3 inches thick of evidence paperwork.

I feel like I've been mugged and it was only when we were out of court that I realised what had happened.

I get the increased feeling that something was iffy about the whole thing but what can I do.

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CPR are very difficult, even for those who are legally trained… not much hope for those of us who have to enter the courts as LIPs… we are all mugged, as you say… I have been fighting my case for nearly 5 years!

Like you, I counterclaimed against the Judgement Creditor… I owe him £30k, he owes me £300k… he failed to file a defence within the 14 day time limit and got away with it, by lying to the court and saying I'd not paid a court fee… (Untrue and the court has now admitted its mistake in failing to issue my defence/counterclaim).

I've applied to set aside to try and sort it out, but I'm like a rabbit in the headlights as soon as I enter a courtroom… I suffer from severe anxiety… oh, and get this; at the original trial, the audio loop wasn't working and the judge refused to adjourn… I'm deaf, so was denied the right to a fair hearing! When I made a mistake under cross examination and only half way through a two day trial, the judge immediately told me I was going to lose… this is before I had cross examined the other side!

Yeah, it's really bad if you can't afford legal representation, and even when you can, some solicitors are useless… my case shouldn't have gone to court due to CPR failure.

 

So… Part 20 is what you need… this is quite interesting… TB

 

 

http://www.lawgazette.co.uk/news/part-20-survival-guide/36576.fullarticle#.VyR3Fzk_2JU.email

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Thanks.

Part 20 confirms exactly what I thought and my counterclaim was a separate claim and should have been heard regardless as a separate issue.

Also at the allocation hearing the judge initially combined the sums of both claims which would have put the case out of the boundaries of small claims limit of £10k but he "kindly" allowed it to remain in the small claims track at his discretion.

Part 20 clearly states that the claim sums are not combined so even the judge doesn't know what he's talking about or there is something else going on.

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This is the correspondence I have sent to the court.

Will be interesting to see what reply I get back.

I already have an anticipated response drafted to what I think they will say.

 

 

 

 

Dear sir /madam.

 

During my recent court attendance on the 20th of April 2016 the case brought against me by Mr M, R, McGowan was dismissed due to it being deemed false and invalid.

As a consequence the judge also dismissed my own counterclaim on the grounds that he thought it was only submitted in response to the McGowan claim.

 

This is incorrect.

 

My Counterclaim, whilst also containing the substance of my defence, was issued independently to recover the cost of repair to previously undetected costly defects largely found AFTER i dismissed Mr McGowan and would have been presented regardless of a claim against me and I am deeply annoyed that my claim has been brushed aside in this manner .

 

Also as a direct result of McGowan's claim I have incurred defence expenses totalling at least £2,000.00 by way of £455.00 court fees, £420.00 surveyors fees plus other legal costs which I can ill afford and so far there has been no notification of these costs being refunded which surely Mr McGowan will be made responsible for ?

 

Looking forward to your reply.

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Good Luck…! I truly believe there are bias judges… I keep coming across them… I met up with my trial judge the day before the hearing and he make a remark so nasty that I knew, there and then, that I had lost the case, even before it started… there has been all sorts of weirdness… the court lost my file at one point, then lied to the other side, saying I'd not paid a fee… so why tell the other side but not inform ME?!!

It was only when I started an official complaint that it finally admitted that it had messed up… I would add to your letter that you intend to escalate your complaint to the Ministry of Justice… see what they think of that!

Hopefully, someone on here will be along soon to give you some help… Andyorch is very knowledgeable..but you shouldn't be out of pocket where the other side took you to court and lost. TB

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See what response you get back from the above zed and we can take it from there ...but you may have to consider issuing a new claim to recover your costs and any additional claim to the main particulars of the initial claim.

 

Regards

 

Andy

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Found this on here from an old case back in 2008… TB

 

 

Hello Tickledpink

 

If you,the defendant, wishes to make a counterclaim against the claimant you should do so at the same time as they lodge their defence form. The defendant, you, will have to pay a fee to make the counterclaim.

 

Part 20 of the Civil Procedureicon Rules (CPR) contains the rules governing counterclaims. The defendant, you, will be able to start the counterclaim when you defend the claim. In most types of cases the defendant does not need the court’s permission to do this.

 

A defendant might decide to bring a counterclaim against the claimant in a case where he / she says that, whether or not what the claimant says is correct, it should be set off against something that the claimant has done.

 

For example, a builder has started a claim against a householder who has refused to pay for a fitted kitchen. The householder says that the services provided by the builder were so poor that he had to pay somebody else to finish the work and to repair structural damage caused by the builder’s employees. The householder says that the builder should reimburse him for the additional money he was forced to spend.

 

If the defendant decides to bring a counterclaim against the claimant after they have filed their defence, you will need the court’s permission to do so.

 

The defendant responds to the claim by making a counterclaim the claimant will, technically, become the “Part 20 Defendant” and the defendant will become the “Part 20 Claimant”. Therefore any court documents should give the parties both of these titles. If the defendant has issued a Part 20 claim against a third party, the third party will be the part 20 Defendant.

 

Where a counterclaim is made, or where the court’s permission is sought to issue a counterclaim, the court will take into account a number of factors when deciding how to manage the case. The court can refuse permission, strike out the counterclaim or order that it be dealt with as a separate claim.

 

Some defendants will have a genuine counterclaim against the claimant which should, in the interests of justice, be dealt with at the same time. However, there are occasions where a defendant will seek to introduce a counterclaim in an effort to avoid liability or to complicate the court process.

 

A counterclaim could have a bearing on the allocation of the trial. If the financial value of the counterclaim is higher than the value of the original claim this could result in the whole claim being allocated to a different track. Therefore a claimant who thinks he has issued a small claimsicon case could suddenly find that the case has been allocated to a costlier and more complicated track because of the counterclaim.

 

As yours is for the removal of a CCJ, and for charges they owe you, it should stay in the allocated track anyway.

 

You will have to fill in form N9b here:

 

http://www.hmcourts-service.gov.uk/n...s/n9b_0406.pdf

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Good Luck…! I truly believe there are bias judges… I keep coming across them… I met up with my trial judge the day before the hearing and he make a remark so nasty that I knew, there and then, that I had lost the case, even before it started… there has been all sorts of weirdness… TB

 

 

 

You know! I'm not wanting to sound like a nut job, but I suspect the judge knows the builder.

Right from day one I've had that odd feeling.

The claimants solicitor actually stepped away from the case when I refused to call it quits and accept their offer to mutually walk away and deal with our own costs.

They knew the builder was in the wrong and now I find my self with exactly the same result I would have had if I took the offer and the builder has walked away unscathed with my claim conveniently buried, is that a coincidence ?

I know the builder is a freemason and it's not such a giant leap to suspect something funny going on.

After 18 months of **** I really want to walk away but now that i'm under no pressure and in a stronger position of control I'm gonna keep digging.

With my claim not actually really being heard i'm sure I can push higher for something to be done without shelling out more cash for an appeal.

I mean! how can I appeal against a decision that hasn't been made ?

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Yes! You are not mad at all…My Judge arrived at the site meeting having met up with the other side and his counsel first and had a discussion about the case to which I was not privy...I have had to question my own sanity several times… you end up feeling so paranoid… In my case, the other side is very wealthy and has considerable influence… He admitted to my face that he'd bribed an estate agent in relation to some land on which I had placed the highest sealed bid… so I know what he is capable of… he committed perjury at the Trial by enclosing fraudulent documents from a bogus firm… he even got one of the neighbours to lie for him… he interfered with my main witness, causing them to withdraw… He managed to fob off the police when I reported him for harassment...My counterclaim is because he threatened our buyers and slandered our property and caused the house sale to fall through… he is one nasty piece of work… I wouldn't put it past him to get someone to throw a spanner in the works at the court… I am sure he is a Freemason… He only won by default when I withdrew mid trial as I couldn't hack not being able to hear anything… That bent judge even allowed him a 100% success fee, when he hadn't even filed notice of a CFA…

It was only when I got a transcript of the hearing that I knew how much stuff I would have argued, had I been able to hear the evidence…The court allowed him to get a Charging Order on my home, despite the fact that the Interim CO was not signed…

I hope you can get the court to make amends, but think you'll probably end up having to make a separate claim for the money the builder owes you… do you have receipts for the work you had to carry out? TB

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Yes! I have mountains of receipts and building repair quotes , letters from HMRC and NHBC, Emails from brick manufactures, emails from building control, etc, etc, you name it.

There's enough evidence to convict O,J,Simpson :-)

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Here is a draft of the next letter to the court obviously to be amended depending on their reply to the last.

 

I'm stating CPR 3 as the basis of my complaint.

Do you think this is correct or is there another CPR that I've missed that would be more appropriate or also needs quoting.

 

Dear sir/madam.

 

I wish to file a formal complaint.

 

In reference to my previous email correspondence.

 

Regardless of the judges decision , my counterclaim was a stand alone issue with the £455 filing costs independently paid for and i do not see how it can legally be dismissed without being heard.

 

How can my claim be dismissed solely on the judges personal supposition of the grounds and motives of why it may have been brought against Mr McGowan and not by failure to comply with civil procedure rules or either found in favour or against based on the actual facts of the case.

 

This practice is not in accordance with the guidelines set out in CPR part 3.4.

Power to strike out a statement of case

 

3.4

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order.

 

At the court hearing none of the above legal reasons for dismissal or any others set out in the CPR were given and I therefore claim that the dismissal is unlawful.

 

My claim was set out in accordance with court rules and directions given and is backed up by signed statements, expert reports and professional evidence with no coherent defence from Mr McGowan but non of this was considered.

Why has my claim not been subject to the due process of law.

 

Regards,..................

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