Express Solicitors @ExpressSols- Breach of Contract, court summons *** Claim Dismissed - with costs!!!***

[Ganymede]

 

Why would you file and serve your Defence without posting it up on this forum first?! 

[Manxman in exile]

I presume that the defence suggested by BankFodder at #45 has been used(?).

[Ganymede]

With the greatest respect, I hope not. 

It's a very long winded Defence that reads more like a witness statement. 

 

It doesn't address the points in the Particulars of Claim directly. 

 

Has the OP posted up a copy of the pleadings? I can't recall. 

[brassnecked]

No she hasn't as yet, would be good if she could as PDF.

[Manxman in exile]

Claim is attachment at #19(?), agreement at #42

[Ganymede]

Thanks. Just had a quick look at them. 

 

I really wish the OP would have shown us there draft Defence before filing it. 

 

I am really not optimistic about her prospects of success in Court having read the pleadings and the example Defence. 

[Manxman in exile]

It may or may not have been along the lines suggested by BankFodder.

[Ganymede]

I guess we'll never know now. 

[Ganymede]

Any updates? 

[Stormy1976]

Hi, yes there’s an update.
 

The matter has gone to the small claims court.
I have posted the relevant forms  to the court and copy to claimant, indicating my preferred CC centre. They will be delivered all parties by Monday 24/8!
 

@Andyorch do you have any advice please as to how best I prepare for the next phase now? 
 

Have a good week end all. 
 

 

 

[AndyOrch]

Notice of Allocation (N157)assuming by the above you mean you have submitted your Directions Questionnaire (N180).

 

The notice of allocation will list the directions what you and the claimant must do in preparation for the hearing...claimant must pay the hearing fee and both parties must file and serve their witness statements and evidence simultaneously by the date stated.

 

Andy

[Stormy1976]

Thank you @Andyorch yes you are correct. I returned the N180 questionnaire. 
 

I will prepare now for the hearing. I have already filed my defence statement and will wait instructions from the court authorities. 
 

I will update here again. 
 

Many thanks again. 

[AndyOrch]

Well obviously you have filed a defence otherwise you wouldn't have filed a Directions Questionnaire and the claimant would have attained a default judgment by now......preparing a witness statement is completely different to filling a defence....post when you receive the Notice of Allocation and I will run through it with you.

[Stormy1976]

Thank you @Andyorch. Yes looks like I might need some help with this. 
i will also do some research too and will post soon on here. 
 

Many thanks

Stormy 

[Manxman in exile]

Hi again Stormy  -  good luck fighting the claim.

[AndyOrch]

Topic open

[Stormy1976]

Many thanks Andyorch. Hope all is well with everyone on here. 

 

My claim against Express Solicitors has been allocated to be heard remotely on the 16th July at 10am at Romford County Court. 

 

The letter states that it is estimated this hearing will take two hours.

I need some assistance now please satisfying the Judge's directions for preparation for the hearing. 
I will upload the court letter (remover names etc) for ease of reference. 

I am determined to fight this case so thanks all. 

 

Here's part of the court letter

Court Letter for the forum_100521.pdf

[AndyOrch]

Notice of Allocation N157 with standard directions...you must prepare a witness statement in support of your defence with evidence  ( numbered exhibits )attached to your statement. You must file and serve by the dates outlined in the Directions.

 

Andy

[Stormy1976]

Thanks a lot - Yes that's fine. I will do that. I have all the evidence as well so will send to court as directed via email. 

 

[AndyOrch]

Post a copy of your statement here (in PDF and redacted) before submitting.

 

Andy

[Stormy1976]

Thank you kindly, hugely appreciated.  I will do. I have a draft ready that I put together with Bankfodder's genius help some time ago, will review and post it here. 

 

 

[Ganymede]

How is this case going? 

 

I see that the trial is in 12 days... 

[Stormy1976]

Yes this case is still going and it is indeed in 11 days. Statement prepared. Express solicitors have very “kindly” supplied me with their 326 page document witness statement. Impressive!!

 

[London1971]

Also know that morally what they are

doing is despicable . You are totally morally in the right here .

[Manxman in exile]

How do you make that out? 

 

The OP voluntarily entered into a NWNF arrangement with a firm of solicitors.  Nobody forced her into it.

 

 It seems the solicitors are of the view that the OP either failed or refused to cooperate with them according to the T&Cs of the NWNF agreement, and that the OP then discontinued the claim unjustifiably.  The solicitors believe that is a breach of contract, that they have suffered loss as a result of thet breach, and they have made a court claim against the OP - which they are perfectly entitled to do.  The OP has decided to defend the claim.  If she has a valid defence to the claim then the court will find in her favour.

 

As I've explained previously in this thread and other threads, NWNF solicitors (despite what you think) actually provide a service that people need.  Somebody in the OP's position who has suffered injury of some sort at the hands of a third party is very unlikely to be able to afford to retain a solicitor to fight their case on a fee basis, so NWNF is their only feasible alternative. 

 

one of the (few) advantages of NWNF arrangements is thet the client can't be encouraged to keep fighting and throwing good money away after bad on an unwinnable case.  And yes, NWNF solicitors will take a significant amount of any compensation, but that's because they are not being paid a fee.  In a society where normal legal fees are ridiculously unaffordable and out of the reach of 90%+ of the population, I'd rather see NWNF lawyers than not have access to the law at all.

 

Let's see what the court decides...