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Acknowledge of Service without a Particulars of Claim - CCMCC

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  • Acknowledge of Service without a Particulars of Claim - CCMCC

    Hello all,

    I wonder if anyone could help me.

    We received a court claim form on satuday with a date of service on it of 4th September. However there was nothing on the form in the particulars of claim box ( the claimant seems to have stuffed his claim into the Brief details of claim box instead. ). There is nothing in the particulars of claim and no indication of anything to follow or being attached.

    We phoned CCMCC and they said that we have to file an acknowledge of service from the date of service on the claim form regardless. I did dispute this with her and said it was not logical but she insisted. She was a manager ! and I had spoke to 2 other people there before that who said that is the standard practice.

    I've now read that without a Particulars of Claim, i shouldn't have files the acknowledge of service form.

    What should i do ? I'm struggling to understand whether to ask for the case to be struck out which would incur further costs and would probably end up with the claimant putting another claim form in anyway, telling the claimant and court that although I've filed the acknowledge of service form, i still do not have any indication of whether a particulars of claim is to follow, OR tell the claimant only to tell me whether he intends to file anything else. OR to just go ahead with a defence and forget about telling anyone anything...just basing the defence of the brief details of claim ?

    He has obviously broken the CPR for no telling me re particulars of claim and also just not providing one

    HELP
    Tags: None

  • #2
    Has the form come direct from court or the claimant ? and is it via the Moneyclaim centre at Northampton or Salford ?

    Do the brief details of claim state that particulars are to follow within 14 days at all ?
    Away till 25th May xx

    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.”
    Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    Comment


    • #3
      So you acknowledge so that there can be no application fro default judgement after 14 days and your defence will be no case to answer as there is no particulars of claim and it is embarassing to have to defend with no details and ask that the claim be struck out.

      Your understanding of no need to acknowledge until particulars are received is correct but the court staff don't sometimes understand this and will allow a default judgement application.

      Comment


      • #4
        I'd assume that the claimant doesn't know they have to complete the PoC and think that by putting the info in the Brief Details box that is sufficient.

        Is the claimant an individual or company (not a solicitor) acting for themselves?

        HOW TO COMPLETE AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) FORM?

        My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other outcomes.

        I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          Originally posted by Amethyst View Post
          Has the form come direct from court or the claimant ? and is it via the Moneyclaim centre at Northampton or Salford ?

          Do the brief details of claim state that particulars are to follow within 14 days at all ?
          Hi Amethyst,

          The form came from the money claim centre in salford. There was no statement saying any particulars of claim were to follow. He did not state anything in the field, or state whether they were attached or to follow. I checked with salford to make sure there wasn't any error on their part not forwarding me anything and they said it wasn't and that the claimant had not given a particulars of claim separately or otherwise

          Comment


          • #6
            Originally posted by ostell View Post
            So you acknowledge so that there can be no application fro default judgement after 14 days and your defence will be no case to answer as there is no particulars of claim and it is embarassing to have to defend with no details and ask that the claim be struck out.

            Your understanding of no need to acknowledge until particulars are received is correct but the court staff don't sometimes understand this and will allow a default judgement application.
            Hi Ostell,

            Yes i think that is probably the best thing to do as the staff really didn't know about the particulars of claim at all and to be in the safe side i thought i'd just file the acknowledgement. I thought maybe i should write a stern letter to them to ensure that its all on file that i did ask them.

            Or maybe ask the claimant if he is intending to file anything further just in case he comes back after my defence and says he wants to file one ?

            Comment


            • #7
              Originally posted by jaguarsuk View Post
              I'd assume that the claimant doesn't know they have to complete the PoC and think that by putting the info in the Brief Details box that is sufficient.

              Is the claimant an individual or company (not a solicitor) acting for themselves?
              Hi Jaguarsuk

              Yes I think the claimant probably does not know he has made such an error which is now causing these issues. The claimant is an individual (sole trader). I know he has been in the court process quite often though as I've seen he has 2 cci's against an old limited company he has.

              Thats why I'm quite surprised at the omission. Im just worried that he will come back and file something later on and the court will think that me filing my acknowledgement of service, i've admitted that i now have a POC when i don't

              Comment


              • #8
                Originally posted by Ssssssssss View Post

                Hi Amethyst,

                The form came from the money claim centre in salford. There was no statement saying any particulars of claim were to follow. He did not state anything in the field, or state whether they were attached or to follow. I checked with salford to make sure there wasn't any error on their part not forwarding me anything and they said it wasn't and that the claimant had not given a particulars of claim separately or otherwise
                Okay cool, you'll need to acknowledge the claim ( with intent to defend in full presumably) and defend on the brief details of claim, pointing out if they don't comply with PD 16. Are the brief details of claim enough for you to actually know what the claim is regarding ?
                Away till 25th May xx

                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.”
                Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment


                • #9
                  Originally posted by Amethyst View Post

                  Okay cool, you'll need to acknowledge the claim ( with intent to defend in full presumably) and defend on the brief details of claim, pointing out if they don't comply with PD 16. Are the brief details of claim enough for you to actually know what the claim is regarding ?
                  Thanks Amethyst

                  The details of claim are quite funny but they do say they are claiming for a final instalment of building work that we have withheld. They say that we have said that the work doesn't use skill and care and has provided products not as described under consumer right act 2015 is untrue.
                  They ask why we haven't gone to trading standards
                  They say we don't have an independent report
                  They say the contract they are basing this on is dated 17th May except that isn't the date we agree as we signed and paid on 23rd April !

                  They haven't put anything else really. No detail whatsoever.

                  Comment


                  • #10
                    Originally posted by Amethyst View Post

                    Okay cool, you'll need to acknowledge the claim ( with intent to defend in full presumably) and defend on the brief details of claim, pointing out if they don't comply with PD 16. Are the brief details of claim enough for you to actually know what the claim is regarding ?
                    FYI, should i also mention that they did not comply with pre-action protocol. they didn't reply to question whether they are willing to use ADR scheme and also didn't issue a letter before claim.

                    Comment


                    • #11
                      Originally posted by Ssssssssss View Post

                      Hi Jaguarsuk

                      Yes I think the claimant probably does not know he has made such an error which is now causing these issues. The claimant is an individual (sole trader). I know he has been in the court process quite often though as I've seen he has 2 cci's against an old limited company he has.

                      Thats why I'm quite surprised at the omission. Im just worried that he will come back and file something later on and the court will think that me filing my acknowledgement of service, i've admitted that i now have a POC when i don't
                      Defending and claiming are very different, so I wouldn't put to much stock in the previous dealings. Seems to be someone whom doesn't know what they are doing at all.
                      HOW TO COMPLETE AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) FORM?

                      My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other outcomes.

                      I do not come on here in the evening, at weekends or on public holidays.

                      Comment


                      • #12
                        Originally posted by jaguarsuk View Post

                        Defending and claiming are very different, so I wouldn't put to much stock in the previous dealings. Seems to be someone whom doesn't know what they are doing at all.
                        Yes, I think this might have been his attempt at getting in there first so to speak but he has made rash judgement calls throughout the dispute and threatened us with legal action for unpaid debt only 2 days after leaving our home when we said we needed to inspect the work before making a final payment.

                        Comment


                        • #13
                          Originally posted by Ssssssssss View Post

                          Yes, I think this might have been his attempt at getting in there first so to speak but he has made rash judgement calls throughout the dispute and threatened us with legal action for unpaid debt only 2 days after leaving our home when we said we needed to inspect the work before making a final payment.
                          I think all you can do is defend as Ostell has said in post #3
                          HOW TO COMPLETE AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) FORM?

                          My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other outcomes.

                          I do not come on here in the evening, at weekends or on public holidays.

                          Comment


                          • #14
                            Hello all, I really need help to understand what to do with this one.

                            So I've received a claim form - served on 4th September. The claim is small and is for us withholding final instalment payment to a builder who has done a poor job.

                            My question really is in regard to how i can write my defence and counterclaim as a few of the emails and letters that the claimant sent me were marked as "without Prejudice". I've tried to find out as much as i can about this and have come to the conclusion that "without prejudice" cant really apply as they aren't pertaining to any genuine offer of settlement. BUT I dont know how to tell the court this at this stage so that they understand that if i submit the documents and use them in my defence and counterclaim form, i think i have a right to. I'm also scared that if this starts getting to complicated, the court might allocate to a different track to small claims.

                            First document that had without prejudice :-
                            An Email in response to our letter setting out all the faults in our bathroom and saying they had breached their contract by not using care and skill etc.
                            The email response that was without prejudice makes a subtle accusation that we broke our own tile and then says that they only do top end work. Then it offers to inspect the work and write a report in order to decide what to do next. There is nothing else in the content really other than that.

                            Second document that had without prejudice:-
                            After the builders inspection, he sent us his "report" in the form of a letter and this had without prejudice stated at the top. The report simply went through the issues we had stated and said whether they agreed with there being a problem or not. The vast majority they disputed and only admitted to the broken tile and the odd crack "that might have appeared after they finished". Everything else was a denial and they also detailed a set of conversations with us which simply did not happen saying we approved a tile which we did not do. At the end of this document it simply states that "I now look forward to hearing from you with a date when we can complete the work." This document also details an admission to the shower not being the one we asked them to put in.

                            Really need help to understand if these are without prejudice at all ( my view is that they arent anythnig to do with an offer of settlement but maybe someone could shed some light as maybe offering to fix the odd one or two things is a "genuine offer to settle the dispute ?". I also need help in understanding how i should deal with this in terms of court and do i still need permission to submit these documents ? do they get reviewed before a judge sees them and then the court decides or do i have to decide ?

                            HELP !

                            Comment


                            • #15
                              Your opponent has probably heard that all letters had to be headed WP without understanding what it is about. My last court argument was like that: 6 letters all headed " Without Prejudice Save As to Costs".

                              If you want to use the details from the letters as a statement of fact rather than offers then I believe you can ask the judge for a ruling.

                              Comment

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                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Witness Statements
                              Directions Questionnaire



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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