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Money Claim Online

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  • Money Claim Online

    Hi, i am a sole trader and 2half years ago i installed a new Drive for a client with associated wrks.
    In March i was contacted by the client that they had discolouring on the surface material, i viewed and it was 99% oil from a car, but i gained the opinion from the Material manufacture who magnified and gave a report stating it was oil, but gave the solution to de grease and power wash.
    The client in the mean time gained a quote from another contractor who came and took a core sample in effect damaging beyond repair the drive as the dressing material (Resin) could never be matched, his report was in effect a quote with assumptions and no report/result on the core sample.
    The client then dug the whole drive up relaid with a plain tarmac and then under the instruction of the new contractor raised issues with step,edgings and man hole cover which had never been an issue in nearly 3 years.and simply added another £3k to the claim
    At no point was i afforded an opportunity to carry out the repair solution which the manufacturers advised

    I now have received a money claim form which outlines there side, which they say is supported by evidence of photos/videos but these are not included, i have a little experience in the physical court but none of this new form.
    Any advice on the above and the procedure would be appreciated
    Thanks
    Tags: None

  • #2
    From previous information that has been posted on here, I guess you need to dispute the claim, that is respond to the summons, I feel that if the drive was dug up before you had the opportunity to make good, or present your findings to the buyer, let the judge decide, that is just my opinion, but no doubt you will receive better information.

    Comment


    • #3
      You need to log on to Money Claims Online and acknowledge the claim intending to defend it.

      I wouldn't recommend that you insert your defence in the box as there is character limit which is very short, but you can instead file a defence separately with the court which gives you an opportunity to detail your defence.

      What date was the claim issued?
      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.

      Comment


      • #4
        Originally posted by R0b View Post
        You need to log on to Money Claims Online and acknowledge the claim intending to defend it.

        I wouldn't recommend that you insert your defence in the box as there is character limit which is very short, but you can instead file a defence separately with the court which gives you an opportunity to detail your defence.

        What date was the claim issued?
        13th Sept ,reply by 5th October. Should i simply apply for a extension on line, to give me time to collect further evidence?
        Thanks

        Comment


        • #5
          Acknowledge on line and it gives you 33 days from date of issue to get your defence to court

          Comment


          • #6
            Can you perhaps let us know what the particulars of claim say, removing any personal details.
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment


            • #7
              Originally posted by Thorn1990 View Post

              13th Sept ,reply by 5th October. Should i simply apply for a extension on line, to give me time to collect further evidence?
              Thanks
              Is that the N9 Form Acknowledgment of service?
              Thanks

              Comment


              • #8
                Originally posted by Thorn1990 View Post

                Is that the N9 Form Acknowledgment of service?
                Thanks
                or part 15.4 and 15.5 of CPR how do i serve?

                Comment


                • #9
                  Originally posted by Thorn1990 View Post

                  or part 15.4 and 15.5 of CPR how do i serve?
                  Form Form N9: Ask for more time to file a defence ('acknowledgment of service')

                  Use this 'response pack' to tell the court you need 28 days (rather than 14) to prepare your defence, or if you wish to challenge the court’s jurisdiction.

                  Comment


                  • #10
                    Originally posted by pt2537 View Post
                    Can you perhaps let us know what the particulars of claim say, removing any personal details.
                    Hi, the main POC
                    Late 2017 Driveway and associated wrks carried out . Customer satisfied and paid
                    Mid 2020 Dark stains appear on drive
                    Defendant seeks the manufacture of the laid product to attend and advise, Report confirms it is Oil and advises remedy to degrease and power wash.
                    Claimant seeks opinion and quote to completely relay drive. Claimant new contractor attends and subsequently takes a core sample of the surface material in effect completely damaging the drive as it is impossible to repair after this, the manufacture of the surface material has confirmed that no analysis could ever be taken from a core sample, only magnified images of which they took.
                    Mid 2020 Defendant accepts no responsibility but offers the option of the remedy as outlined in the manufactures Report.
                    Mid 2020 Claimant has new contractor to completely re lay the drive. all costs are now claimed by the claimant plus interest,
                    Mid 2020 Claim started with video,picture various evidence which is not attached also another £2k added as they now state the associated wrks are not to standard and unsafe.(Really nearly 3 years later)
                    Obviously the new contractor is clearly trying to profiteer from this.

                    Comment

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                    SHORTCUTS


                    First Steps
                    Check dates
                    Income/Expenditure
                    Acknowledge Claim
                    CCA Request
                    CPR 31.14 Request
                    Subject Access Request Letter
                    Example Defence
                    Set Aside Application
                    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.




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