Help bringing small claim against caravan repairer

[ostell]

Re: Help bringing small claim against caravan repairer

Now that you have judgement I would suggest that you should write to the defendant pointing out that there is a judgement against him and failure to pay with cleared funds by ( give a date) will result in enforcement costs being added to the claim.

[baggyboy]

Re: Help bringing small claim against caravan repairer

Thanks, I'll speak to my dad and we'll consider writing to him.

[baggyboy]

Re: Help bringing small claim against caravan repairer

Hi all,

Update: The defendant has now paid in full via the high court.

Thanks for your all your help.

Just one further question. Is there anything else I need to do to notify the courts that the judgment has been settled in full?

Thanks
Mark..

[seduraed]

Re: Help bringing small claim against caravan repairer

I would tell the Court the defendant has paid, it is only polite and completes the records. Sounds like a rouge with money who only pays up when it goes to court.

[baggyboy]

Re: Help bringing small claim against caravan repairer

Ok, the claim was through money claim online., I can advise them the ccj is now satisfied.,

[CLL1]

Re: Help bringing small claim against caravan repairer

The address issue should be fine I think, the business and individual should still be identifiable which is the most important thing. Your particulars seem fine, the numbered points are not required but it makes it easier for the defendant to either admit or deny your claim, providing that he does anything at all.

FYI, numbered paras *are* required, just people who use MCOL don't seem to adopt them due to the character limit. It makes it difficult to deal with allegations lumped into one entire paragraph.

[R0b]

Re: Help bringing small claim against caravan repairer

FYI, numbered paras *are* required, just people who use MCOL don't seem to adopt them due to the character limit. It makes it difficult to deal with allegations lumped into one entire paragraph.

I am not aware of anything within the CPR which states that numbered particulars is actually a requirement when making a claim through MCOL or county county court procedures. There is however drafting guidelines from the High Court divisions on how to set out Particulars of Claim in relation to High Court proceedings which of course is a requirement. PD 16 sets out what should be included but not the format as to numbered paragraphs.

Obviously the purpose of numbering paragraphs is ease of reference and enable the Defendant to deny or admit those allegations made, but as far as I am aware the High Court Drafting Guidelines do not make it a requirement in the County Courts to number those paragraphs.

Feel free to correct me if I am wrong

[CLL1]

Re: Help bringing small claim against caravan repairer

I am not aware of anything within the CPR which states that numbered particulars is actually a requirement when making a claim through MCOL or county county court procedures. There is however drafting guidelines from the High Court divisions on how to set out Particulars of Claim in relation to High Court proceedings which of course is a requirement. PD 16 sets out what should be included but not the format as to numbered paragraphs.

Obviously the purpose of numbering paragraphs is ease of reference and enable the Defendant to deny or admit those allegations made, but as far as I am aware the High Court Drafting Guidelines do not make it a requirement in the County Courts to number those paragraphs.

Feel free to correct me if I am wrong

Hi R0b

Not many are aware that it is a rule (I only know as a litigation lawyer and it's drummed into all our trainees on a daily basis that draft statements of case), but it's dealt with at PD5A - Court Documents. According to White Book 2016:

2.2 Every document prepared by a party for filing or use at the Court must—

• (1) Unless the nature of the document renders it impracticable, be on A4 paper of durable quality having a margin, not less than 3.5 centimetres wide,
• (2) be fully legible and should normally be typed,
• (3) where possible be bound securely in a manner which would not hamper filing or otherwise each page should be endorsed with the case number,
• (4) have the pages numbered consecutively,
• (5) be divided into numbered  paragraphs,
• (6) have all numbers, including dates, expressed as figures, and
• (7) give in the margin the reference of every document mentioned that has already been filed.

Hope that helps.

CLL1

[R0b]

Re: Help bringing small claim against caravan repairer

I stand corrected

Although in relation to MCOL it's not so much a substantive issue but a minor proecdural one and as you say, given the limited characters it's difficult to number if you want to full plead your claim within the box although might be different if the particulars of claim were as a separate document.

[CLL1]

Re: Help bringing small claim against caravan repairer

I stand corrected

Although in relation to MCOL it's not so much a substantive issue but a minor proecdural one and as you say, given the limited characters it's difficult to number if you want to full plead your claim within the box although might be different if the particulars of claim were as a separate document.

Cs are given the option to submit particulars separately...."not having enough space" isn't a good enough reason to not comply! Especially when MCOL accepts claims up to £100k.

[R0b]

Re: Help bringing small claim against caravan repairer

Of course, but then again we are talking of a LIP here and not a firm of solicitors who, if instructed on a large amount of money which was anywhere near the higher bracket of sums claimed under MCOL would most likely be drafting a full particulars of claim as opposed to 1000 and odd characters in a box.

I agree its not a good enough reason but if you can please the particulars fully in the box without the need of drafting proper particulars of claim, I think the courts will let that one slide if its understandable and clear. It doesn't warrant a strike out or dismissal merely because the claimant forgot to number their paragraphs in the box.

I was emailed a case not too long ago where a Defendant thought they had an excellent opportunity of striking out a claim becuase the wording of the statement of truth was incorrect or wasn't signed, despite the Claimant willing to amend it to comply. Turns out the judge agreed with the Claimant and dismissed the strike out saying something like it was too opportunistic and the Defendants have wasted time with the application.

A similar position was also made when a copy of the claim was not stamped by the court or was missing something like a claim reference number. The court also chucked that one out for the same reasons above.


Whilst we would all like everything to be complied according to the CPR, there will always be an element of flexibility, especially in this case if the numbers are missing from the claim form and he certainly isnt going to be penalised for it.

[CLL1]

Re: Help bringing small claim against caravan repairer

I never suggested that not putting numbered paragraphs warranted a statement of case from being struck out, I simply said it makes it difficult to deal with.

I suggested it because you asked me to correct you if you were wrong, and getting into a bad habit of not researching CPR can cause a claim to be struck out. If you didn't think that filing a budget under 7 days late was important (which is dealt with under the CPR), then check Mitchell v News Group!