Procedure for removing solicitor from ccmcc claim

[flerger]

I need to remove my current solicitor from a small claims court claim, I have completed a form N434 to send to the court but the form also states "I have served notice of this change on every party to the claim" - does this mean I simply need to send them a signed copy of the form or does it require a covering letter?


I've asked my current solicitor about this (last Wednesday) but they haven't replied yet and I think they're being deliberately awkward because I'm now proceeding alone, time is an issue as I also need to file for judgement by default.

[stevemLS]

Re: Procedure for removing solicitor from ccmcc claim

You just need to send a copy of the form although most people would write a brief covering letter.

[flerger]

Re: Procedure for removing solicitor from ccmcc claim

Thanks for the quick response. I'll get on this tomorrow.

I'm also not totally sure if I should be sending the letter/form to the defendant or the solicitors who were advising them as all of the case paperwork is the hands of my current solicitor so I'm not sure if their solicitor was actually appointed to represent them in this case or not (I also have another claim against the defendant that their same solicitor is advising them on) and if they were appointed whether they still are, they haven't filed a defence which is why I am not applying for judgement.

I guess the best thing for me to do is to send the letter/form to both the defendant and their solicitor but just out of interest is there a way I can get details of my case from the CCMCC which will let me know the current status of the case and appointed legal representatives? The claim wasn't started online so I can't get any information from the website, if I phone them up will they give me any information over the phone?

[stevemLS]

Re: Procedure for removing solicitor from ccmcc claim

You should be able to call your solicitor and get details of their solicitor from his secretary.

And yes, you should be able to ring the CCMCC, contact details here https://courttribunalfinder.service....s-centre-ccmcc

You must also file your Notice of Change of Solicitor at court.

[flerger]

Re: Procedure for removing solicitor from ccmcc claim

Thanks again, I was aware that I need to send the notice of change to the court and I was planning to send it along with the application for judgement in default, the problem was that the form also has a declaration that I've informed the other parties so I wanted to make sure this was done correctly.

I spoke to my solicitor at the beginning of last week when we discussed the judgement in default, he'd actually already advised that I should proceed alone before he'd noticed that no defence had been filed and asked me to return the n434 to him but then said I could just return it directly to the court myself along with the judgement request, he didn't advise me on notifying the other parties though and has ignored my email asking for the quick advice you have now kindly provided me with.

[stevemLS]

Re: Procedure for removing solicitor from ccmcc claim

No worries, good luck with it.