Winderbray/JCF PM/PCB Lawers Claimform - Service charge arrears - Refused Payment Plan - Now N244 for SJ+Strike Out.

[AndyOrch]

To a degree but failure to proceed would result in the claim being stayed.A few more hurdles yet before it reaches allocation.

Ask if you are unsure of anything on the n181

 

[AndyOrch]

[AndyOrch]

Post and ask if unsure.

[AndyOrch]

2 hours ago, 1penny said:

J = Signature (only sign for court copy but print name for claimant solicitors copy ?). No see below

Complete all other details including telephone number address email etc ?  Yes as you have opted to try to settle.

For D8 should I put that they have not fulfilled the CPR 31.14 request rather than they refused ? No

For F1Witness to which facts ? Do we put entire claim or no need to put anything ? Nothing just yourself or hubby wife partner if party to a agreement.

J = Claimant to set and confirm Directions

Rest is fine.

PDF version to complete on PC

https://assets.publishing.service.gov.uk/media/652018b32548ca000dddeec1/N181_1023.pdf

 

 

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[AndyOrch]

Just so you are aware,  unlike Small Claims Track,  Mediation has to be paid for in Fast Track by either party so opting for settlement does not necessarily mean you wish to enter in formal mediation.

[AndyOrch]

No leave blank

[AndyOrch]

J does not ask you to complete anything ...after J you complete the rest....if you wish to settle then I personally would provide contact details  (on the claimant's copy)otherwise it may prove difficult for the claimant to contact you. You must complete contact details on the courts copy.

[AndyOrch]

No problem better to be sure but it is a bit confusing..if only the but an extra letter for contact details  

[AndyOrch]

4 hours ago, 1penny said:

How are directions agreed ? Does the claimant file proposed directions with their Directions Questionnaire ?

Yes and will ask you if you are in agreement and or wish to add /remove any direction.

[AndyOrch]

If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set by the court.

 

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[AndyOrch]

When you get chance a copy of the draft order attached to n244.

Have they not attached a WS in support of their Application ?

Andy

[AndyOrch]

If an application such as this is made at the same time as submitting DQs some courts hear both application and normal claim at the the same time.

Some courts will have a separate hearing just for the application.

If the court informs you of the latter you will normally be expected to submit your statement in objection of the application not less than 7 days pre hearing.

If they dont have a separate hearing for the application the application will be dealt with at the normal claim hearing and you will follow directions laid out by the court in your Notice of Allocation N154.

 

 

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[AndyOrch]

Not anytime soon I expect with the state of the courts. So yes you are either waiting for you Notice of Allocation N154 or Notice of Hearing for their application. (SJ/SO)

 

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[AndyOrch]

On 12/04/2024 at 09:55, 1penny said:

A1 Yes to wanting to attempt to settle ? (mediation) ?

Do you want a 1mth stay No

Quote

When would the mediation process start ? Would the court suggest that we do this first ?

Neither party have agreed to settle...there is no offer of mediation in Fast Track parties have to pay if they want a mediator.

[AndyOrch]

14 minutes ago, 1penny said:

Do I wait until we receive notice from the court i.e only action directions sent by the court ?

No the claimant sets the time frame on the directions.

Just now, 1penny said:

Ok so the court will order mediation ?

See my post above

[AndyOrch]

You prepare a list and list any document/s you have referred to in either your Defence or intend to use in your draft statement as an exhibit and list them numbered and dated and titled..

Any document that is not on that list can not be used as evidence or relied upon to support your defence.

 

 

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[AndyOrch]

Ideally you should use the following.

https://www.gov.uk/government/publications/form-n265-list-of-documents-standard-disclosure

 

[AndyOrch]

3 hours ago, 1penny said:

I checked MCOL today as nothing received from the court yet. I can see that claim has been transferred to local court.

 

1 minute ago, 1penny said:

Ok many thanks and we need to meet the 16th May deadline ?

Absolutely otherwise you will not be allowed to rely on written evidence. 

[AndyOrch]

Here is a copy of what the court will send Notice of Allocation to Fast Track n154 which will contain the confirmed directions with dates.

https://assets.publishing.service.gov.uk/media/5aa6b580e5274a3e391e3b0e/n154-eng.pdf

[AndyOrch]

No hard or fast rules ...if you have referred to it or intend to refer to it and rely on a document as evidence it goes on the list as an exhibit.

13 minutes ago, 1penny said:

With regards to the Claimants claim for interest under Section 69 of the County Courts Act 1984 where the amount is incorrectly calculated due to the account balance and also appears to be duplicated, should I list their POC ?

No you can raise that within your statement but remember that sec 69 is at the discretion of the court a judge may allow the full amount claimed or reduce it to a lower % or none at all.

Yes the claimant must serve their N265 on you...any document on theirs that you do not have you can request a copy and then use in your statement.

17 minutes ago, 1penny said:

Regarding the Section 20 notices relating to the major works, should I include if we have a copy ?

Will it assist your defence ?

[AndyOrch]

If the section 20 notice was served correctly and valid and is not part of the claimant's claim or particulars then I dont see a need to disclose it.

Unless its directly connected to the arrears occurring then I see little point or argument. 

With regards to the N265 its mostly designed for the claimant and you as litigant defendant should only need to complete the box after the signatures box.(page 3)

Simply number and list the docs , you can if you have referred to them as exhibits in your statement with numbers you have marked them as IE Exhib 1a 1b etc etc

Return to the claimants sol by date and retain a copy for your bundle for the court and one for your file.

 

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[AndyOrch]

3 minutes ago, 1penny said:

Above I think are the only documents we can list unless you think that we should include any e-mails ? When it comes to our witness statement I will use the same numbering. Only if you have mentioned emails in the defence/statement

We list these where it says "I have control of the documents numbered and listed here. I do not object to you inspecting them/producing copies" ? Correct

Do we sign (print name) and date in the boxes on page 2 ?  Yes (Claimant)(Defendant)(’s litigation friend) Line through the obvious

On page 1 in the box on the right do we put "in the" (name of our local court) ? Yes if its been confirmed And we would tick Defendant under where it says Disclosure Statement ? Yes the defendant box, as you are the defendant to the claim 

 

[AndyOrch]

8 minutes ago, 1penny said:

We haven't received the N265 from the claimant solicitors yet.

Then wait with yours until you do but no harm in sending your first.

Simply attach a covering letter stating " as per your directions dated xxxxxx claim number we hereby enclose our disclosure list N256 for your attention and look forward to receiving same by return

[AndyOrch]

16 hours ago, 1penny said:

We want to see theirs so we know what documents they will list ? Now you are learning 

If their N265 is not received then best to send ours so that we do not miss the claimants deadline as per their draft directions. 

What would happen if we did miss the deadline even by 1 day ? The claimant would use it against us in court ? Nothing in reality as they will have also missed their own deadline if not received today. 2/3 days late is irrelevant

Andy

[AndyOrch]

No wait.....dont forget the court has still to confirm the directions....a claimant does not set deadlines.

I would wait a few days.

8 minutes ago, 1penny said:

The N265 for doesn't allow us to type in the signature box, so should we just print our name or sign with our signature ?

Yes