rent over payment - issued a claimform - Statute Barred?

[simeon1964]

Landlord request.

Compensation determined through VOA relative to number of years in the premises.

 

Please dot confuse this rent paid by error or overpayment of rent.

 

[AndyOrch]

Im not confused just wanted to know the details of the consent and if it was connected in anyway.....and how that would impact on any statement of claim if you wished to proceed.

 

Is the claim currently stayed ?   or are you still within your 33 days to respond ?

[simeon1964]

The claim still at CCB Centre and not been allocated yet as I am waiting the court response

 

[AndyOrch]

Court response ?  Have you submitted your Directions Questionnaire ? 

[simeon1964]

No. I have made a mistake in the online claim form by not ticking the box to file a defence, Although defence were sent but defendants say I will not be able to rely on it in the court . I have now done another N244 to file a defence and awaiting court response

[AndyOrch]

What defence ?...you dont have to submit a defence to their defence...you simply inform CCBC that you wish to proceed.

 

9H Proceeding with a defended case

If you would like to proceed with your claim upon receipt of a paid, full or part defence you
must notify the court by following the directions enclosed with the copy of the defendant’s
response. If you have been sent a questionnaire to complete this must be returned by the date
specified. Failure to do so may result in your claim being struck out. If there is a fee to pay you
may send a cheque or postal order made payable to HMCTS with the questionnaire.
Alternatively you may pay by card over the telephone between the hours of 9.30am – 3.30pm
Monday to Friday and submit your questionnaire via email to [email protected] For
information on the fees payable you can download booklet EX50 from
www.justice.gov.uk/forms

[simeon1964]

Sorry, I meant, to file PC. Forgot to tick the box to file PC

[AndyOrch]

What's a PC ?

[simeon1964]

Particular of claim

 

The issues of statute barred and money made by mistake still remains outstanding as one site Team member says he could help drafting the Particulars of claim to reflect  make by mistake which was exactly what it was.

 

Could I get help on this?

 

[AndyOrch]

Right so you didn't tick the separate particulars of claim box....and now requesting permission to serve them. Also you will have to serve  a certificate of service  N215. 

 

There is no need to amend the particulars of claim with argument of  Section 32 Limitation Act 1980...that follows in your response after allocation within your statement of response and statement in support (witness statement)

 

Serving Additional Particulars of Claim

If during step 5 of issuing the claim you state that you will serve additional Particulars of Claim,
you must send the additional particulars to the defendant(s) within 14 days of your
claim being issued. You should also send a covering letter to the defendant clearly advising
that these are the extra particulars referred to in your claim form and quote the claim number.
You must file an ‘N215 Certificate of Service’ with the court within 14 days of the claim being
issued. The certificate of service confirms to the court that you have sent the documents to the
defendant. The certificate can be filed by post or preferably by email to
[email protected]. Please include the claim number in the subject line of the email. A
blank N215 can be downloaded from www.justice.gov.uk/forms.
The second page of the N215 explains how to calculate the ‘date of service’. Please note if
the date of service is different to that of the claim form, then you should consider the
later date to be the date of service for the claim. For further information please see Civil
Procedure Rule 7E.6 at: http://www.justice.gov.uk/courts/procedurerules/
civil/rules/pd_part07e

 

Andy

[simeon1964]

How do I deal with the defence issues of Limitation Act. given that the money was paid in error?

[AndyOrch]

Already advised above...that comes later in your statement of response (witness statement ) after allocation.

[simeon1964]

I am now filling direction Questionnaire in a small claim court The forms ask for fees. Anyone knows How much as i already paid court fees of £185.00

[BankFodder]

please follow the link to hearing fees

[BankFodder]

Sorry, I see that I've posted your link to the claim fee rather than the hearing fee. I will have a hunt around for the hearing fees but maybe if you find where they are on the County Court website, maybe you could post it for us here.

[AndyOrch]

Where on the N180 does it request a fee...?  Hearing fees are paid after allocation when advised in the Notice of Allocation N157.

[simeon1964]

it did not request a fee on Form N180. sorry I read it wrong and thanks

[simeon1964]

I have a recent contact from one of the defendant and have prepared by draft reply. Could you advice before I send my final reply please.?

SENDIN Oct19.docx

[AndyOrch]

Why are you replying ? Save it for your statement when advised to by the court within your Notice of Allocation and directions by the court .

[simeon1964]

Thank you the reason why I seek your advice. What about the defendant suggestion of a meeting? 

[AndyOrch]

Yes you should be open to any mediation...which should be facilitated by the court mediation services...did you opt for mediation when submitting your Directions Questionnaire N180 ?

[simeon1964]

Yes I did

[AndyOrch]

Then let the court mediation services deal with any mediation..at the appropriate stage...dont go off trying to do it on your own.

[simeon1964]

Meaning, I shouldn't accept their offer to meet to discuss without prejudice discussion?

[AndyOrch]

Court Mediation is conducted vis a teleconference not face to face and done officially and agreed and witnessed by the Court Mediators...for your own protection...but if you wish to conduct it on your own terms thats your prerogative... if it goes pear shaped you only have yourself to blame.