N180 - who to serve copies to

[ManInBlack]

Hi everyone, hope you can help. I've had a search online and also via this forum's search but couldn't find an exact answer to my query.

I've started a small claim via the Money Claims service against an individual over some damaged property.

They disputed the claim and both parties agreed to mediation. I was given a date but told that the defendant hadn't yet confirmed the appointment, the date came and went so I assumed they never confirmed their availability.

I recently received by email an N180 form with the instruction "Email your completed N180 form to both moneyclaims@justice.gov.uk and to each other"

Also attached was the Notice of Proposed Allocation to the Small Claims Track forms, and I've noticed that the address provided for the defendant isn't their home address but a large LLP. This is the first I've been aware of the solicitor's involvement but I'm not unduly worried, however now I'm not sure if I should email to the contact details I have for the defendant or to the solicitor?

I know it's probably not a major point but I don't want to be accused of doing anything incorrectly on purpose.

I am also unsure how to answer question A1 on the N180 form, because I know I need to show willingness to mediate rather than go all the way to court; however after simply replying with "see you in court" in response to my letter before action, before sending me a ridiculous offer (10% of the value) when they realised I really had lodged a claim and saying they would offer no more, then not even confirming a mediation appointment, I have zero faith they actually have any willingness to compromise and mediate. If I was to select no and explain this as the reason why if asked in court would this be seen as a reasonable explanation?

Many thanks!

[charitynjw]

Hi

Send copies to the LLP if they are legal representatives instructed by the Defendant.
If you know the name, you could give them a ring to check.(Not all LLPs are solicitors.)
If it were me I would contact the court to find out more about the change of address.
Not all solicitors accept service of documents by email, & strictly speaking, the serving party should get their consent beforehand.

CPR PD 6.4.1(1)(a)
https://www.justice.gov.uk/courts/pr...pd_part06a#4.1


If serving via land mail, get proof of posting.


Personally I would still say yes to mediation.
It makes you look 'reasonable' in the court's eyes, especially as this is exactly the type of dispute that mediation is for.
It is often conducted by 'phone,

[ManInBlack]

Thanks. Tried calling the court just after 9am but was 16th in queue with a one hour 27 minute wait, so I'll try later.

Interestingly called the LLP and they have no record of the defendant on their books.

So not sure what to do now - send a copy to both the defendant's address and the LLP?

[Amethyst]

I would send a copy to both, and tbh I'd do hardcopies in the post (informing each in a cover letter that you have cc'd to the other) as well as email - as email service needs to be by agreement. Presumably you submitted the claim via the new beta moneyclaim system ( https://www.gov.uk/make-money-claim ) It doesn't seem that the CPR has actually been updated to suit it yet.

Were this LLP not instructed before the Defendant filed their Defence ? You should really have received a notice of acting, but again, the new system doesn't seem to actually work properly.

Usually best to call the court after lunch ( so between 2 and 4 ) if you need to.

[charitynjw]

Tbh, if it were me I would want to find out a bit more about that change of address.

When is the DQ (n180) due to be served?

[ManInBlack]

I would send a copy to both, and tbh I'd do hardcopies in the post (informing each in a cover letter that you have cc'd to the other) as well as email - as email service needs to be by agreement. Presumably you submitted the claim via the new beta moneyclaim system ( https://www.gov.uk/make-money-claim ) It doesn't seem that the CPR has actually been updated to suit it yet.

Were this LLP not instructed before the Defendant filed their Defence ? You should really have received a notice of acting, but again, the new system doesn't seem to actually work properly.

Usually best to call the court after lunch ( so between 2 and 4 ) if you need to.

Correct, submitted online via the new beta system.

The original defence filed was by the defendant with their name and address. If I click their name in the portal it's still their home address and email that shows.

The first I've seen of this LLP was in the Notice of Proposed Allocation to the Small Claims Track form. Just one of their office addresses mentioned (not even the most local one to both parties) and not a specific solicitor. No notice of acting or anything like that.

[ManInBlack]

Tbh, if it were me I would want to find out a bit more about that change of address.

When is the DQ (n180) due to be served?

Due next week, I've been a bit busy and originally just opened the N180 and saw the form didn't look like it would take too much time to complete so left it. It's only when I went to complete it last night that I opened the second attachment and saw the LLP address.

[charitynjw]

I would agree with Amethyst, then.
Send to both via land mail & cross-refer.
Allow min 2 working days for post.

Don't forget proof of posting.

But if it were me I'd still do some digging re the change of address.

[ManInBlack]

Just got through to the court helpline. They have suggested I send by post to the LLP as I don't have it in writing from them that I can email. But that I can email them (the court) the completed form - I just wanted to check I could email one and send by hard copy the other. All they could say on the change of address is that the beta portal doesn't currently let them update defendant address details yet.

Thanks for your help so far, I'll email the court (because that's just easier for me) and print off two copies of the form with a cover letter and send to the address I have for the defendant and the office address I have for the LLP. Should I include a copy of the Notice of Proposed Allocation to the Small Claims Track form when I send it for reference, or is that not necessary?

[charitynjw]

It's ok to email the court.

& yes to land mail both LLP & other (old) address.

Not necessary to send a copy of allocation notice, but if you want to, no harm, really.

[Amethyst]

Yip that sounds like a plan to me.

The Notice of proposed allocation isn't necessary - just the completed N180's.

[Amethyst]

Snap.

[ManInBlack]

Thought I'd give an update. The post copies clearly got to all parties because I received two phone calls. One from the LLP querying why on earth I'd sent it to them (edit they were quite terse and grumpy with me and no idea why! I was just following orders...). The other from the other party asking me what the questionnaire was about and why I'd got a solicitor involved. I explained that it wasn't mine, it was apparently theirs and I was just responding as the court had instructed. I suggested they phone the court for advice. The deadline has come and gone so just waiting to see who I hear from next.

[charitynjw]

Thought I'd give an update. The post copies clearly got to all parties because I received two phone calls. One from the LLP querying why on earth I'd sent it to them (edit they were quite terse and grumpy with me and no idea why! I was just following orders...)

Could it be that the LLP was paid just to send a letter on an ad hoc basis (ie not actually instructed by the other party?


. The other from the other party asking me what the questionnaire was about and why I'd got a solicitor involved. I explained that it wasn't mine, it was apparently theirs and I was just responding as the court had instructed. I suggested they phone the court for advice. The deadline has come and gone so just waiting to see who I hear from next.

What a shower!

Actually, thinking about this, just because you received a letter which has a solicitor's letterhead doesn't necessarily mean that it actually came from said solicitor.
I'll let you cogitate on that one..

[Amethyst]

Thought I'd give an update. The post copies clearly got to all parties because I received two phone calls. One from the LLP querying why on earth I'd sent it to them (edit they were quite terse and grumpy with me and no idea why! I was just following orders...). The other from the other party asking me what the questionnaire was about and why I'd got a solicitor involved. I explained that it wasn't mine, it was apparently theirs and I was just responding as the court had instructed. I suggested they phone the court for advice. The deadline has come and gone so just waiting to see who I hear from next.

I wonder whether the court ( or the new beta moneyclaim system) have made a mistake here actually if neither Defendant nor the LLP have a clue about them being involved.

All they could say on the change of address is that the beta portal doesn't currently let them update defendant address details yet.

unless there was some kind of typo in the address and it did some address finder thing in the background.... technology....

Have you got the letter where their name popped up? any chance of a pic ( suitably redacted or email admin@legalbeagles.info )

The first I've seen of this LLP was in the Notice of Proposed Allocation to the Small Claims Track form.