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

[1penny]

I have been reading regarding the N181.

I guess no rush to complete it right now as we have until 18th April deadline ?

[AndyOrch]

[1penny]

Thanks

I will post again closer to the time just to ensure that we answer correctly or if there are any developments.

 

[1penny]

No further updates or anything received.

I will submit the N181 forms soon. Might just need a little help but will try first.

 

[AndyOrch]

Post and ask if unsure.

[1penny]

So I am completing the N181 for to send today (to be rec'd by 18th).

Below is how I think I need to complete but please correct if I am wrong. Still nothing received from the solicitors ?

Is it easier to use and complete the version that can be downloaded ?

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

Do you want a 1mth stay No

B1 ignore

B2 state your local county court name

How do I know which is my local court for this type of claim ? Answer in my post Reason: Defendants Local Court

C1 = No - reason The claimant has not complied with Paragraph 3 PAPDC and failed to server a Letter of Claim pursuant to PAPDC changes of the 1st October 2017.

D1 = No

D2 = Fast Track

D3 = Yes 

D4/5 = ignore

D7 = No

D8 = CPR 31.14 request refused. - Claimant states defendant should have files already and refused to send copies.

D9 = ignore

D10 =Ignore

D11 = ignore

E1/2/3 = No

E4 =Ignore

F1 = yourself 1 witness name

Witness to which facts ? Do we write anything here ?

G1 = 0 days 2 hours (This is only a guide though)

G2 = complete if applicable (I don't know of any dates yet but what happens at a later stage if we not able to attend ?) Inform the court and agree with the claimant's solicitors if you're unable to attend a date. However the court dates should take priority.

H= Ignore

I 1= No

I 2 ignore

I 3 = No

J = Signature (only sign for court copy but print name for claimant solicitors copy ?).

Complete all other details including telephone number address email etc ?

Appreciate your help. Should we have received something from the other side by now ?

Send via next day delivery and get proof of posting ? 1st class and get free proof of posting from a post office.

1Penny

 

 

Edited April 12 by lolerz
Edits in Red - See my Post Below

[lolerz]

Please see my amendments in red.

You can find your local county court by putting your postcode into this form from gov.uk
 

Find a court or tribunal - GOV.UK

WWW.GOV.UK

---

Use court finder to find a court in England and Wales or a tribunal in England, Wales and Scotland

Online form or postal is up to you.

3 copies:

1 To court (signed)

1 to Claimants solicitors (print name only)

1 for yourself.

Hold fire for an opinion from others first but I think that covers everything

[1penny]

Hello Lolerz

Many thanks.

For D8 should I put that they have not fulfilled the CPR 31.14 request rather than they refused ?

For F1Witness to which facts ? Do we put entire claim or no need to put anything ?

[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

 

 

.

[1penny]

Many thanks.

[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.

[1penny]

Many thanks for the clarification.

That was my understanding.

We are happy to speak with the claimants solicitors to try and resolve this without the need for court, as we have been trying during the past year. But it has to be affordable for us.

Let's see what happens.

Thanks again AndyOrch and Lolerz for your continued help and support.It is appreaciated.

[1penny]

Just to clarify in section J as a bit confused.This section is for the Claimant only ? We do not sign this ?

 But we complete from date onwards ?

Apologies if a stupid question.

[AndyOrch]

No leave blank

[1penny]

Many thanks. So we leave section J entirely blank.

So we just print our name in the 'to be completed by' box on the first page.

No need to sign anywhere or provide contact details.

Many thanks, glad that I checked.

[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.

[1penny]

Ok, sorry me being stupid. I thought the details bit was all part of section J but I understand now having looked at the form again.

Many thanks

[AndyOrch]

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

[1penny]

We both sent our completed N181 form to the court and claimants solicitors.

We haven't received anything from the solicitors yet but perhaps we will today.

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

I will update once anything is received from the solicitors.

[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.

[1penny]

Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment.

Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment.

Appreciate the help through this process.

[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.

 

.

[1penny]

We received a copy of the completed Directions Questionnaire (N181) from the solicitors along with a draft copy of their directions.

I am on a course today so can upload over the weekend if needed.

By 4pm on 16th May both parties must each give standard disclosure of documents by way of list by category.

By 4pm on 30th May any request for inspection or copies of docs must be made and compiled 14 days thereafter.

I will provide more over the weekend.

[1penny]

Attached is a redacted copy of the draft directions.

It also looks like they want to make an application for Summary Judgement according to the completed directions questionnaire.

What are our next steps ?

draft directions.pdf

[dx100uk]

where are you getting this assumption of a summary judgement from?

dx