MCOL Response to Defence

[wormhandler]

Ive started an action to recover money on Money Claims On Line, the defendant's solicitor has filed a defence, and place a 'bar' on the defendant. The defence is full of holes, but is there a way of responding to the defence online? There doesnt seem to be a way?

[Amethyst]

The Defence being filed puts a bar on the CLaimant filing for a Default Judgment as part of the process so nothing to worry about there.

Which moneyclaim online system did you use? https://www.moneyclaims.service.gov.uk/dashboard or https://www.moneyclaim.gov.uk/web/mcol/welcomethey work slightly differently.

When you receive the defence you should be instructed to inform the court if you accept it or wish to proceed, and then the court will send out Directions Questionnaires - when you return your Directions Questionnaire you can also file and serve your response to the Defence if appropriate ( Moneyclaim only goes up to Defence, after that everything is back on paper )

[wormhandler]

The Defence being filed puts a bar on the CLaimant filing for a Default Judgment as part of the process so nothing to worry about there.

Which moneyclaim online system did you use? https://www.moneyclaims.service.gov.uk/dashboard or https://www.moneyclaim.gov.uk/web/mcol/welcome they work slightly differently.

When you receive the defence you should be instructed to inform the court if you accept it or wish to proceed, and then the court will send out Directions Questionnaires - when you return your Directions Questionnaire you can also file and serve your response to the Defence if appropriate ( Moneyclaim only goes up to Defence, after that everything is back on paper )

https://www.moneyclaim.gov.uk/web/mc...5EV6-TF2B-QRNE

Thanks for the very rapid reply, I use this one.

[wormhandler]

https://www.moneyclaim.gov.uk/web/mc...5EV6-TF2B-QRNE

Thanks for the very rapid reply, I use this one.

Perhaps I should add, that none of your clear and very welcome advice appears on the MCOL site, Its not apparent at all how it works..... or have I missed something?
Also, I already have the defence, it was posted on the MCOL site, I will await the Directions Questionnaires.....

[Amethyst]

Oh I know, it is pants … okay you're in the old system.... there is a guide for Claimants … but that is also a bit pants - https://assets.publishing.service.go...s_May_2018.pdf

Proceeding with a defended case

If you would like to proceed with your claim upon receipt of a paid, full or part defence you must notify the court by following the directions enclosed with the copy of the defendant’s response. If you have been sent a questionnaire to complete this must be returned by the date specified. Failure to do so may result in your claim being struck out.

Once all parties have filed their questionnaire the case may be referred to a mediator if the parties agree, alternatively it will be transferred to the local County Court Hearing Centre to continue. If mediation is unsuccessful, your claim will also be transferred. If you are making a claim against an individual, the claim will be transferred to their local court. If you are making a claim against a company, the claim will be transferred to your local court, or to your solicitor’s local court. You can search for your local county court using the following website: https://courttribunalfinder.service.gov.uk/search/ If you have good reason for the claim to be dealt with at a different court, you can explain this on the questionnaire. Your request will be considered by the District Judge or court appointed Legal Advisor when they are deciding what should happen next (please be aware that the defendant can also make such a request).

Once a claim has been transferred you will need to contact the transfer court for any information on the claim’s progress as we will no longer be able to update you at MCOL and you will no longer be able to follow the progress of the claim or take action via your MCOL account. If you would like more information about what may happen once the claim is transferred, please download leaflets EX305 (The fast track and the multi track in civil courts) and EX306 (The small claims track in civil courts) or seek legal advice. Both leaflets are available from http://hmctsformfinder.justice.gov.u.../FormFinder.do

[Amethyst]

This is the CPR that you want re replying to Defence

Reply to defence


15.8 If a claimant files a reply to the defence, the claimant must

(a) file the reply with a directions questionnaire; and

(b) serve the reply on the other parties at the same time as it is filed.

(Rule 26.3(1) and (6) requires the parties to file directions questionnaires and specifies the period for doing so).

(Part 22 requires a reply to be verified by a statement of truth)

and PD

3.2A

Rule 15.8(a) provides that a claimant must file any reply with his directions questionnaire. Where the date by which he must file his directions questionnaire is later than the date by which he must file his defence to counterclaim (because the time for filing the directions questionnaire under rule 26.3(6) is more than 14 days (small claims track) or more than 28 days (fast track and multi-track) after the date on which it is deemed to be served), the court will normally order that the defence to counterclaim must be filed by the same date as the reply. Where the court does not make such an order the reply and defence to counterclaim may form separate documents.

[Amethyst]

Oh and shout if you want anyone to have a swizz over the actual case and defence to see if you do actually want to reply to it or just let it go to directions.

[wormhandler]

Once again, thanks. Youve cleared up ALL of my unknown areas, however, if someone could 'swizz' over, I know it would help!

Im not sure what 'Directions' are, but I dont think they will do me any harm.....

I have the defence, and Ive tried to knock out a 'pseudo legal response.... I may have fallen down a hole and some advice would be helpful

What do I do?

[Amethyst]

Do you want to give a little bit of background to the claim first ? Basically what's it about? How much is it for ( approx.) ? etc.

Directions are just instructions from the court telling you when to do something by - what to file ( lodge with the court ) and what to serve ( send to the other side ) and when to do it by.

Many people fall down a hole of trying to sound like a lawyer and forget to actually state what their case is.

[wormhandler]

Briefly, (there are sub issues) I made a licence agreeement (rented) a plot on a static caravan park in Essex. After a year the park owners erected the site wifi trasmission mast within 2m of my caravan. No notice was given. I am greatly concerned about the hazards of elecrtomagnetic radiation. There are thousands of reports on this. I asked the owner to remove it, of course he refused, Ive abandoned the caravan and asked him to purchase it from me and refund the rent and rates Ive paid him. Total value about £8000 with legals about £9000.

Ive discovered the Statutory Instrument 588:2016 'The control of electromagnetic fields at work' Part of the Health and Safety Act and the park owner has not complied with any of it......

[Amethyst]

2 metres or 2 miles ? ( just to check )

Did you discuss re-siting the caravan on a plot further away from the new wi-fi mast ?

Did you purchase the static caravan from the same site and just pay the plot rental ?

Do you have a copy of your licence agreement.?

Wi-fi masts up to 20 metres I think come under permitted development so don't need planning permission. Although it would be reasonable to expect notice of an installation of this kind that would, presumably, affect your view/environment.

The HSA parts are in regards to places of work so not sure that's relevant will have to do some research.

I'm not sure you can sue him for not buying your caravan. You may be able to sue for any loss of value in the caravan if you were unable to sell it, or lost value on it, to someone else due to the proximity of the mast though.

des8

[wormhandler]

2 metres. Yes, he initially offered to tow the caravan off the site and leave it in the road in front of the gate, for free, or tow it to another plot.... for £6000.00 thats six thousand pounds.
I purchased it from a private resident on the site, and paid the rental seperately to the owner. The licence agreement, such as it is is highly generic, I can forward it but dont want to waste your time.
The mast isnt large about 6 metres maybe. Environmentally, the radiation is extremely hazardous to health, carcinogenic, and the HSE regulations cater for this. The Caravan Park IS his place of work, and he's not taken the steps he should have, I feel....
I felt that these regulations would not be different for other humans!
Ok loss of value, I wouldnt sell it to anyone else, that was my point actually!

[wormhandler]

Ive read the regulations, and frankly, if he had complied with them I would not have proceeded with any Court action. They do the job and cover the items I am concerned about.

[ostell]

What exactly are you concerned about? The power level permitted for a wifi signal is very low. One of the more powerful wifi transmitters for providing wide coverage is rated at 150mW. Do you use a mobile phone, or cordless phones? Probably more dangerous because they are so close to the body. How do you connect to the internet? Wifi? With your own wifi hub.

[wormhandler]

Im concerned with the harmful effects of electromagnetic radiation on human beings. A quick google will show you that probably millions of pounds are spent on research into it. If it was not harmful, why would they do that. Parliament has made laws requiring employers to control it, its dangerous. Like asbestos, like smoking, like seat belts etc, I dont want to die of cancer due to a negligent park owner not complying with his obligations.