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Acknowledge of Service without a Particulars of Claim - CCMCC

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  • #31
    Originally posted by Amethyst View Post
    What did your letter say ? It seems to have been treated as an application for the Claimant to file proper particulars ( normally an application sets you back £255 lol )

    The claim is on hold until the Claimant files his particulars of claim, doesn't give any timescale or sanction, also doesn't order the Claimant to serve the particulars on you ( although filing is within 7 days from service so he should serve first).

    So if he wants to proceed he will need to file compliant Particulars with the court, at which point I'd expect the court to issue further directions as to your defence. Unless he disputes that he hasn't complied with 7.4(3) in which case he can apply to set aside the order ( within 7 days).

    In any event, from your side, the claim is on hold, and there should be a bar in place preventing the claimant obtaining any default judgment until particulars have been served and filed and directions given for defence.
    Hi Amethyst,

    We didnt actually write a letter. We just phoned money claims and spoke to someone to say that we had filed an AOS but there was nothing on the form saying that POC would follow or otherwise and we wanted the court to know this and that we filed the AOS only because we were told to by their staff even though we said we dont have a POC or any idea if one is to follow. The guy at the money claims must have taken it upon himself to put this before the judge and then we got this letter as described above this morning. We weren't actually expecting it and certainly didnt pay the £255 for the application !!!!

    So i guess, we are in limbo now but how long do we have to wait for him to file and also what if he never files a particulars ?

    Thanks in advance btw - everyone on legalbeagles has been amazing !!

    Comment


    • #32
      Originally posted by Amethyst View Post
      What did your letter say ? It seems to have been treated as an application for the Claimant to file proper particulars ( normally an application sets you back £255 lol )

      The claim is on hold until the Claimant files his particulars of claim, doesn't give any timescale or sanction, also doesn't order the Claimant to serve the particulars on you ( although filing is within 7 days from service so he should serve first).

      So if he wants to proceed he will need to file compliant Particulars with the court, at which point I'd expect the court to issue further directions as to your defence. Unless he disputes that he hasn't complied with 7.4(3) in which case he can apply to set aside the order ( within 7 days).

      In any event, from your side, the claim is on hold, and there should be a bar in place preventing the claimant obtaining any default judgment until particulars have been served and filed and directions given for defence.
      One more Question, does this mean that my 28 days to file defence is delayed too ? As in, i have to resume the counting of days once i receive the particulars ?

      FYI - the date of service on the claim form was 4th September

      Comment


      • #33
        If he never files then the claim will just remain stayed until such point as a court officer wants to dispose of the paper work and strikes it out of the courts volition. If he wanted to lift the stay at some point he would have to make an application to lift it costing him £255 to do so.

        You do not have to file a defence yet, the judge will make further order of directions to file the defence if he files compliant PoC.
        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


        • #34
          Originally posted by jaguarsuk View Post
          If he never files then the claim will just remain stayed until such point as a court officer wants to dispose of the paper work and strikes it out of the courts volition. If he wanted to lift the stay at some point he would have to make an application to lift it costing him £255 to do so.

          You do not have to file a defence yet, the judge will make further order of directions to file the defence if he files compliant PoC.

          Thanks Jaguarsuk, Of course this must mean we cant do our counterclaim yet i guess. Should we wait for this to be resolved before doing our claim on him for a full refund of money for poor work and goods not as described ?

          Comment


          • #35
            Originally posted by Ssssssssss View Post


            Thanks Jaguarsuk, Of course this must mean we cant do our counterclaim yet i guess. Should we wait for this to be resolved before doing our claim on him for a full refund of money for poor work and goods not as described ?
            You will file your counterclaim if/once the judge directs filing of the defence.

            If the judge strikes out your claim or it remains stayed then you would have to file your own separate claim.
            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


            • #36
              Hi All,

              So in our case, we still don't have any particulars of claim from the claimant and nothing has been filed with the CCMCC either. At least nothing seems to have been filed.

              The matter is still stayed. If the claimant had said that the particulars were to follow he would have had till 18th September to file them which is obviously past now. (he failed to say whether they were to follow though).

              Just need some advice now.

              Should we write to claimant and ask him to file them or we will get the matter struck out.
              OR should we just tell the court they need to give directions as we havent received anything.

              We still want to do our counterclaim which would probably be best done as a counterclaim rather than a brand new claim.

              Let me know what you think

              Sonal (thanks in advance)


              Comment


              • #37
                Rightly or wrongly, we have written to the claimant and given him 7 days to file a particulars or tell the court he isn't going to. The Money Claims Centre seems to be a bit pot luck in terms of advice given but I guess after 7 days if claimant files or doesn't, the court will have to look at it and decide whether to carry on or not anyway. Any advice ? Should we just write to the court anyway and tell them we've sent a letter to the claimant or should we just leave it for a week now and see what happens ?

                Comment


                • #38
                  We have finally received a particulars of claim from the claimant albeit not containing any more information than he put in the brief outline of the claim. Anyway, we are currently writing our defence and counter claim and just had a quick question. Should i refer to him as claimant throughout or should i refer to him as claimant in the defence part and then when i get down to the counterclaim, change it over and refer to him as the Part 20 defendant ?

                  The header states him as "claimant/part 20 defendant".

                  What is the correct protocol ?

                  Comment


                  • #39
                    Originally posted by Ssssssssss View Post
                    We have finally received a particulars of claim from the claimant albeit not containing any more information than he put in the brief outline of the claim. Anyway, we are currently writing our defence and counter claim and just had a quick question. Should i refer to him as claimant throughout or should i refer to him as claimant in the defence part and then when i get down to the counterclaim, change it over and refer to him as the Part 20 defendant ?

                    The header states him as "claimant/part 20 defendant".

                    What is the correct protocol ?
                    He is the Claimant in his claim and becomes the Part 20 Defendant in the Counter Claim.

                    In the header of your Defence list him as Claimant, but when you come to address the Counter Claim make sure you set out whom the parties are with him being the Part 20 Defendant.
                    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


                    • #40
                      Originally posted by jaguarsuk View Post

                      He is the Claimant in his claim and becomes the Part 20 Defendant in the Counter Claim.

                      In the header of your Defence list him as Claimant, but when you come to address the Counter Claim make sure you set out whom the parties are with him being the Part 20 Defendant.
                      Thanks Jaguarsuk. I'll do that !

                      Comment


                      • #41
                        I've just completed a first draft of my defence and counterclaim.

                        I think I've probably put evidence in rather than basic facts but is anyone willing to read through and give me some tips at all ? I'm struggling now as unfortunately tend to have difficulty summarising things succinctly.

                        Would really appreciate any pointers. Will post if i'm allowed on the forum ?

                        Comment


                        • #42
                          Originally posted by Ssssssssss View Post
                          I've just completed a first draft of my defence and counterclaim.

                          I think I've probably put evidence in rather than basic facts but is anyone willing to read through and give me some tips at all ? I'm struggling now as unfortunately tend to have difficulty summarising things succinctly.

                          Would really appreciate any pointers. Will post if i'm allowed on the forum ?
                          I can on Monday as I don't come on her in the evenings or weekends or someone else may help you before then,

                          Either way you'll need to type out or post a pic of the Particulars of Claim with identifying info removed and a copy of your defence and counter claim.

                          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


                          • #43
                            Originally posted by jaguarsuk View Post

                            I can on Monday as I don't come on her in the evenings or weekends or someone else may help you before then,

                            Either way you'll need to type out or post a pic of the Particulars of Claim with identifying info removed and a copy of your defence and counter claim.
                            Thanks JaguarUK. I'll upload everything tomorrow.

                            Comment


                            • #44
                              Just a quick question in the meantime that might help me refine or remove detail tonight before i upload. So I've written this as part of my Defence. I'm wondering, do i really need to outline the visits to wickes - Is that evidence to disclose later or is it correct to put it in the defence now ?
                              1. The amount listed on the final invoice is INCORRECT and DENIED. The final invoice calculates as:-

                              Full amount – 2 instalments paid – tile allowance of £25 per sqm for 21sqm + actual price of tiles.
                              £5798 – (1932.66 * 2) – (25*21) + actual price of tiles paid for by claimants.
                              1. The final invoice makes an adjustment for actual tile costs, however, without the consent, knowledge or acceptance of the defendants, the claimant has supplied different tiles to those contractually agreed.
                              2. On 2ndJune, the claimant declined to provide a tile receipt which is required to validate the invoice. On 3rdJune, the defendants investigated with staff at Wickes and confirmed the tiles did not match those asked for and indeed, match a cheaper tile. Despite this, the claimant has continued to try to charge the defendants for the more expensive tiles and continued to refuse to provide a valid Wickes receipt.

                              OR should i change it to something a lot simpler like
                              1. The final invoice makes an adjustment for actual tile costs, however, without the consent, knowledge or acceptance of the defendants, the claimant supplied different cheaper tile to that contractually agreed. He has however continued to charge for the more expensive tile. On 2ndJune and subsequently, the claimant has declined to provide a valid tile receipt to validate the invoice. To be clear, the defendants do not accept the alternative tiles provided.
                              Last edited by Ssssssssss; 5th October 2018, 21:26:PM.

                              Comment


                              • #45
                                OK so i;ve sanitised these documents. Any feedback greatly received. I've added PDF versions and Word versions ( I used libra office so I hope they will open ok in Microsoft office ).

                                I know my defence and counterclaim is likely too long but i'm desperately struggling to know what to leave in, take out or summarise. Also need advice on format and structure.

                                I've read as much background as possible but this is my first time writing anything like this.

                                Thanks in advance !!!!!
                                Attached Files

                                Comment

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