• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeaglesģ is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Acknowledge of Service without a Particulars of Claim - CCMCC

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Ssssssssss
    started a topic Acknowledge of Service without a Particulars of Claim - CCMCC

    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

  • Ssssssssss
    replied
    Originally posted by pt2537 View Post
    Sorry misread the post, thought it said your mum and dad wouldnt be attending, ignore me
    So my dad definitely cant go. My mum can and the jist of my letter to court is that, i have, as her daughter, been dealing with the issues since they started and because its proposed as allocated to small claims even though it hasnt received a final allocation, can my daughter speak on my behalf. I've then explained that I work in IT and have been dealing with everything so far with mums authorisation. Does that sound ok ?


    In terms of prelimiary hearing. We dont know how to prepare - should we sent a bundle in with the letters regarding the issues that were sent back and forth to the other side ?

    And our biggest issues is regarding using experts and the fact that we think the other side are trying to use someone they know although we have no proof.

    But mainly, i just dont how to prepare fully.

    Leave a comment:


  • pt2537
    replied
    Sorry misread the post, thought it said your mum and dad wouldnt be attending, ignore me

    Leave a comment:


  • Ssssssssss
    replied
    Hi all,

    I've just drafted some letters to the court explaining my mum and dads situation about attendence so hopefully that all works out.

    I'd still really like some help on what i need to take and prepare for the preliminary hearing if anyone can help with the queries above i posted ?

    Leave a comment:


  • Ssssssssss
    replied
    Hi all, i have an open query about how to deal with a preliminary hearing in the message above as it does not have any requests for information. Just simply states it is to identify issues, the need for expert evidence and required directions. Any thoughts on this would be great BUT i also have a query regarding representation.

    1. My dad and mum are the defendants. My dad cannot attend as he has an operation and this shouldn't make much difference because my mum can attend. i wish to speak on her behalf though.

    What i don't understand though is that we have received a proposed notice of allocation to small claims. The preliminary hearing has been scheduled before FINAL notice of allocation. So can i assume that the PROPOSED noticed stands and the preliminary hearing will be dealt with as a small claim ? The reason i ask this is that i know that i have a right to speak on my mums behalf in small claims but i believe its a bit more complicated on the other tracks.

    Please let me know - id really appreciate some guidance as i presume i will need to send a letter to the court as soon as possible ?

    Leave a comment:


  • Ssssssssss
    replied
    Originally posted by jaguarsuk View Post
    Itís just a case of their credibility and why you would doubt it, add in that if they are truly confident of their position they wonít mind 2 of your 3 being used.

    Itís only a possibility at the moment, youíll need to see what the next order of the court is.

    The Witness Statement is basically the story from beginning to end, but where you can group writhing together for ease of reading itís preferable for ease of reading.

    Thereís a guid and template on this site.
    Thanks Jaguarsuk. So we have just received finally an order asking for a preliminary hearing. All it says is to have it so as to "to identify the issues, the need for expert evidence and required directions". It literally says nothing else about anything or what to bring or submit or otherwise.

    How can we prepare for that without any further information ? What should we take with us ? Should i prepare a summary list of issues to take and also take all our paperwork with us on the day too ? Should i go ahead and find / list what experts we want ?

    Really don't know what to take and prepare as they've not said anything else at all !

    Leave a comment:


  • jaguarsuk
    replied
    Itís just a case of their credibility and why you would doubt it, add in that if they are truly confident of their position they wonít mind 2 of your 3 being used.

    Itís only a possibility at the moment, youíll need to see what the next order of the court is.

    The Witness Statement is basically the story from beginning to end, but where you can group writhing together for ease of reading itís preferable for ease of reading.

    Thereís a guid and template on this site.

    Leave a comment:


  • Ssssssssss
    replied
    Originally posted by jaguarsuk View Post

    Before you go to a hearing of the claim there is likely to be a case management hearing, you'll both be asked to submit the names of 3 experts. You can raise your concern about the independence of his at the hearing and ask the judge to pick 2 of yours with 1 of his.

    If you haven't already you need to start compiling a witness statement with your evidence.

    In court you will not be addressing the claimant, you will speak to the judge to counter any points and you really need to do your best to remain calm. The judge is looking at your credibility as a witness and if you react or misbehave towards the other side that will be damaged.

    Best thing to do when they make statements that are outrageous is to simply say to the judge that it is and why calmly. You can let your frustration out later with a judgement in hand.
    Thanks so much Jaguarsuk. Is there a reason i can give for asking the judge to pick two of our experts rather than 2 of his ? Or is this as a consequence of us telling the judge that his are not credible ?

    Also, I guess I should get on with the witness statements like you have stated. At least if i start then it wont be a last minute panic. Just wondering, I have a tendency to be very very detailed about things. I'm trying to think about what the best technique is for compiling my witness statement without it becoming a 20 page essay. Should i say things like "various emails were sent over x time period stating xyz and causing delays by slow responses from the other side, refer to Exhibit X. " or should i be listing out the issues instead ?

    Not sure how to approach it. Do you have an example statement maybe ? Or some help notes on this forum ?

    Thanks again Jaguarsuk. I cant thank you enough for all your help and support.

    Leave a comment:


  • jaguarsuk
    replied
    Originally posted by Ssssssssss View Post
    Ok so we had mediation. The other side said the same things they have said before and continued to lie. Kept saying we don't have an independent report but he knows the court will authorise one so it's a mute point really isn't it? Tried to imply that our builders quotes are worthless because they aren't independent although they are.

    Also said any new builder will say they need to redo the bathroom because they want the money... So implying again the quotes are worthless. But every builder is saying they won't patch up the old builders work so surely if we can't get a quote for a patch up then we can only redo everything as the new builders want.!


    We offered a starting position to go from asking for 7000 to 6000. He refused and came back with his offer which was that we pay him 500 instead of the 1800 he is asking for.

    I thought this was quite a big jump down for him...

    We said no so it's definitely going to hearing now.

    So would really like any input on the things mentioned about and also advice on how to get my paperwork in order and prepare for hearing.


    I can get very defensive face to face and so am most nervous about how to prepare my statement and approach to questioning the other side.

    Also, he wants an expert and so do we. However we are really concerned that he may know the experts he is asking for... They are a proper body but he knows a lot of people in the area and keeps mentioning he wants them which is strange given the obvious poor work... Is there any way we can avoid this in favour of someone else like the tile association?

    As always any help is greatly appreciated. I was so hoping it would be over today.
    Before you go to a hearing of the claim there is likely to be a case management hearing, you'll both be asked to submit the names of 3 experts. You can raise your concern about the independence of his at the hearing and ask the judge to pick 2 of yours with 1 of his.

    If you haven't already you need to start compiling a witness statement with your evidence.

    In court you will not be addressing the claimant, you will speak to the judge to counter any points and you really need to do your best to remain calm. The judge is looking at your credibility as a witness and if you react or misbehave towards the other side that will be damaged.

    Best thing to do when they make statements that are outrageous is to simply say to the judge that it is and why calmly. You can let your frustration out later with a judgement in hand.

    Leave a comment:


  • Ssssssssss
    replied
    Ok so we had mediation. The other side said the same things they have said before and continued to lie. Kept saying we don't have an independent report but he knows the court will authorise one so it's a mute point really isn't it? Tried to imply that our builders quotes are worthless because they aren't independent although they are.

    Also said any new builder will say they need to redo the bathroom because they want the money... So implying again the quotes are worthless. But every builder is saying they won't patch up the old builders work so surely if we can't get a quote for a patch up then we can only redo everything as the new builders want.!


    We offered a starting position to go from asking for 7000 to 6000. He refused and came back with his offer which was that we pay him 500 instead of the 1800 he is asking for.

    I thought this was quite a big jump down for him...

    We said no so it's definitely going to hearing now.

    So would really like any input on the things mentioned about and also advice on how to get my paperwork in order and prepare for hearing.


    I can get very defensive face to face and so am most nervous about how to prepare my statement and approach to questioning the other side.

    Also, he wants an expert and so do we. However we are really concerned that he may know the experts he is asking for... They are a proper body but he knows a lot of people in the area and keeps mentioning he wants them which is strange given the obvious poor work... Is there any way we can avoid this in favour of someone else like the tile association?

    As always any help is greatly appreciated. I was so hoping it would be over today.

    Leave a comment:


  • Ssssssssss
    replied
    Originally posted by jaguarsuk View Post

    The appointment is conducted with the mediator first calling the claimant and then separately calling you. You will never all be on the line together and in the first call you simply need to explain the issue, that you don't want them back to rectify the work as they have broken your trust in them and are willing to be movable on a settlement figure should they make an offer.

    Your approach of flexibility to the settlement is already in the spirit intend in mediation, so you are already approaching things the right way.

    Nothing said or disclosed will be given to the court other than a settlement agreement if one is reached. Equally anything discussed cannot be used in Witness Statements or any potential court hearing. This promotes honest open discussion to genuinely achieve settlement.

    Good luck, as if you can agree it'll put this to bed for you and if not then you will simply continue to a hearing.
    Thanks so much Jaguarsuk, the appointment is tomorrow am and I really do hope an agreement can be reached. Thanks for your message, it's calmed my nerves quite a lot. Will post if anything comes of it or not.

    thanks again

    sonal

    Leave a comment:


  • jaguarsuk
    replied
    Originally posted by Ssssssssss View Post

    Thanks so much for responding Jaguarsuk, really appreciate it. I'll make sure that I put those things into the witness statements. Since this post, we have been waiting almost 3 months for the small claims mediation teams to contact us and finally a few weeks ago I rang them to ask what was happening. Apparently they didn't know why they hadn't given us an appointment yet either !

    Anyway, we now have a small claims mediation appointment set for next week. If you have any tips on how we should approach this appointment then please do let me know. Are there any things we should or should not say ? We don't want these builders back in our home and thats a definite as they have lied to us and on the court forms but we are willing to be flexible on the amount of compensation.
    The appointment is conducted with the mediator first calling the claimant and then separately calling you. You will never all be on the line together and in the first call you simply need to explain the issue, that you don't want them back to rectify the work as they have broken your trust in them and are willing to be movable on a settlement figure should they make an offer.

    Your approach of flexibility to the settlement is already in the spirit intend in mediation, so you are already approaching things the right way.

    Nothing said or disclosed will be given to the court other than a settlement agreement if one is reached. Equally anything discussed cannot be used in Witness Statements or any potential court hearing. This promotes honest open discussion to genuinely achieve settlement.

    Good luck, as if you can agree it'll put this to bed for you and if not then you will simply continue to a hearing.

    Leave a comment:


  • Ssssssssss
    replied
    Originally posted by jaguarsuk View Post
    1. No need to declare anything to the court about advice or assisting your parents.

    2. You can bring this up in the Witness Statement.

    3. He will have to produce a copy of this letter as an exhibit with his Witness Statement if he intends to rely upon it as evidence.

    4. Submit the original document as an exhibit of your witness statement.

    5. If he intends to rely upon the receipt then it'll be as per point 3.

    6. That's just him trying to validate his position, again in the witness statement just rebuff this with the reasoning you have given in your question.
    Thanks so much for responding Jaguarsuk, really appreciate it. I'll make sure that I put those things into the witness statements. Since this post, we have been waiting almost 3 months for the small claims mediation teams to contact us and finally a few weeks ago I rang them to ask what was happening. Apparently they didn't know why they hadn't given us an appointment yet either !

    Anyway, we now have a small claims mediation appointment set for next week. If you have any tips on how we should approach this appointment then please do let me know. Are there any things we should or should not say ? We don't want these builders back in our home and thats a definite as they have lied to us and on the court forms but we are willing to be flexible on the amount of compensation.

    Leave a comment:


  • jaguarsuk
    replied
    1. No need to declare anything to the court about advice or assisting your parents.

    2. You can bring this up in the Witness Statement.

    3. He will have to produce a copy of this letter as an exhibit with his Witness Statement if he intends to rely upon it as evidence.

    4. Submit the original document as an exhibit of your witness statement.

    5. If he intends to rely upon the receipt then it'll be as per point 3.

    6. That's just him trying to validate his position, again in the witness statement just rebuff this with the reasoning you have given in your question.

    Leave a comment:


  • Ssssssssss
    replied
    Hi all,

    We have now received a defence to our counterclaim after sending the letter Amethyst suggested we do. I was wondering if anyone could take a look at it at all? I've attached it here along with his original particulars of claim, and our defence.

    I had some specific questions also if anyone is willing to look. These are :-

    1. Did we have to tell or the court we have taken legal advice ? Also, I'm not actually a lawyer but I did write the documents on my parents behalf. They signed them and were happy with their content. Did i have to declare that i did that ? The documents came from my parents not me and I only wrote them up and did all the research on the legal side of things.

    2. He has lied about the tiles and asking us for approvals. Is this something we should tell the court ? Given its meant to be signed as truth ?

    3. He has said that there was a letter dated 4th June ( kind of can't figure out if he is referring to the letter we sent him on the 5th June as he has misquoted dates before ). Should we ask him what letter he is referring to or leave it till court time ? Worried he has made up a letter maybe ?

    4. He said he put his address on the 13th april document but he didn't. If he produces a different document with an address on it in court, what should we do ? He definitely didn't give us any document with his address on it. The document only had his name and bank details.

    5. He has said he got a trade discount. Is it sufficient for us to say that it would show on the receipt if that were the case but he hasn't produced the receipt so we can't see ? Is he right that we have no right to see this information ?

    6. Why should the people we contacted such as tile association contact him ? Is this something we should have told them to do ? We were only seeking advice from them. Same with Trading standards, they said they don't contact directly unless there is a criminal breach rather than civil one.

    Any help or feedback greatly received.
    Attached Files
    Last edited by Ssssssssss; 20th December 2018, 15:57:PM.

    Leave a comment:

View our Terms and Conditions

LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

Announcement

Collapse
1 of 2 < >

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.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
2 of 2 < >

Need Formal Help?




Search and Compare fixed fee legal services and find a solicitor near you.

Find a Law Firm


See more
See less

Court Claim ?

Guides and Letters
Loading...

upgrade to vip

Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

only £15/yr

Offers available. No subscription traps.

sign up now



Search and Compare fixed fee legal services and find a solicitor near you.

Find a Law Firm


Working...
X