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My error in Particulars of Claim

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  • #31
    No you don't, who's mentioned that?

    But if you are posting anything to the court, you best make sure you have proof because it is not uncommon for them to lose documents.

    You only need to file (with the court) and serve (on the defendant).
    Last edited by R0b; 28th September 2019, 14:20:PM.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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    • #32
      Originally posted by R0b View Post
      No you don't, who's mentioned that?

      But if you are posting anything to the court, you best make sure you have proof because it is not uncommon for them to lose documents.

      You only need to file (with the court) and serve (on the defendant).
      I filed the forms directly with Court and there was a sign in there which said to file 3 sets of document, 1 for each party and 1 for the Court. I asked a member of staff and she asked if I had 3 copies when I filed them there. I received a written witnessing of the filing from a member of court staff, as when i asked for a receipt they informed me that they don't do these.

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      • #33
        I'm confused, you gave 2 copies to the court? You only need to file one copy and then serve the other yourself on the other side. Otherwise it is 3 copies yes.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #34
          Originally posted by R0b View Post
          I'm confused, you gave 2 copies to the court? You only need to file one copy and then serve the other yourself on the other side. Otherwise it is 3 copies yes.
          Sorry Rob, I didn't explain that terribly well. I filed 1 copy with the Court.
          I've had another stressful day as I've noticed that I only wrote 'Claimant' in the 'To be completed by, or on behalf of' box on the top left of the N180 Directions Questionnaire, but not my name.
          Do you know if this will matter, or if I should refile with the Court (if indeed I can do that) and ask my brother to redeliver by hand to the Defendant?
          Thank you again and I'm sorry to have asked you so many questions.

          Comment


          • #35
            Rob, when you’ve made an offer of settlement yourself to tick the mediation box so to speak, have you provided any form of explanation as to why you’re doing so to the Defendant? I’m wary of this being misinterpreted by the Court, hence the question. Also, do you simply remove a small sum from the claimed amount or do you not remove anything and simply ask for an out of court settlement of the full amount?
            I want to make sure I’ve ticked all the boxes and I would like to avoid Court if possible! Thank you again.

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            • #36
              You can settle for whatever amount you like, more or less than what is being claimed as that is an agreement between the parties.

              You don't need to provide any explanation at all, but if you did you could say something like:

              Please find attached the directions questionnaire ... You will see that I have not agreed to the small claims mediation service but I am open to discussing settlement terms should you wish to make an offer, so ast to avoid the need for either side to incur any further unnecessary costs and expenses.

              I am contactable on X if you would prefer to discuss any settlement over the telephone, otherwise I am happy to consider any offer by email.
              If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              LEGAL DISCLAIMER
              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

              Comment


              • #37
                Originally posted by R0b View Post
                You can settle for whatever amount you like, more or less than what is being claimed as that is an agreement between the parties.

                You don't need to provide any explanation at all, but if you did you could say something like:

                Please find attached the directions questionnaire ... You will see that I have not agreed to the small claims mediation service but I am open to discussing settlement terms should you wish to make an offer, so ast to avoid the need for either side to incur any further unnecessary costs and expenses.

                I am contactable on X if you would prefer to discuss any settlement over the telephone, otherwise I am happy to consider any offer by email.
                Thank you Rob, the paperwork has been served on the Defendant and filed with the Court and I'll see what happens in response to my communication regarding settlement, thank you for your advice in that regard.
                Should things progress, would you suggest I continue posting here or under a new thread? I've found this site incredibly helpful and as I don't imagine that I'm the first person to be ripped off by a tradesperson, I'd like to make sure that anyone who is in the same boat can make use of all the helpful advice I've received here.

                Comment

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