*** DISMISSED *** Small claims for stabling fees

[Stopbox]

Give the court a call as suggested, they, they must be sending the directions somewhere otherwise how else can this progress?

Have rung the courts, there is no Notice of Acting, and the courts are sending everything to the Claimant.

[jaguarsuk]

Ok, I'll send letters to both the claimant and the solicitor asking them to clarify, and hopefully not piss anyone off (I'll also make sure the claimant has a copy of my defence as well, considering I sent it to her solicitor).

Give the court a call as suggested, they, they must be sending the directions somewhere otherwise how else can this progress?

[Stopbox]

Ok, I'll send letters to both the claimant and the solicitor asking them to clarify, and hopefully not piss anyone off (I'll also make sure the claimant has a copy of my defence as well, considering I sent it to her solicitor).

[Diana M]

do I send all correspondence to the solicitor even though it only has the claimants name on the particulars of claim that I was sent.

Just to clarify things, you file (send) the Directions Questionnaire at court and serve (send) a copy to the Claimant.

It may be useful to call the court to see whether the solicitor has filed a Notice of Acting. In my firm’s experience it can two weeks or more for court staff to update the system due to workload.

Di

[jaguarsuk]

I agree with Amethyst that until the OP is served with a Notice of Acting which must be filed at court, then the solicitor is not considered as being on record as acting.

Without formalising the situation the Claimant could argue that the solicitor was acting without her instructions.

per post #132

I'd just send a copy with the same letter to both then they can clarify.

Sending letters “just to piss him off” may not be a good litigation strategy since it may only serve to make him redouble his efforts.

I note a post from the beginning of the thread where the OP suggests Mediation as a way forward, so it may be unwise to deliberately “piss off” the other party if the intention is to resolve the dispute not escalate matters.

Di

With a Counterclaim it's unlikely this will be settled at mediation with someone whom has attended the OP's work and harassed her.

In my experience people whom think they are superior to others don't tend to like it when those mere mortals point out their flaws, but those flaws need to be pointed out in the three instances they have been. That it will piss him off is just a nice side effect.

[Diana M]

As the Solicitor replied to the CPR Part 31.14 request I'd say it's pretty nailed on that he's acting on her behalf, but it's worth pointing out yet another mistake just to piss him off.

I agree with Amethyst that until the OP is served with a Notice of Acting which must be filed at court, then the solicitor is not considered as being on record as acting.

Without formalising the situation the Claimant could argue that the solicitor was acting without her instructions.

Sending letters “just to piss him off” may not be a good litigation strategy since it may only serve to make him redouble his efforts.

I note a post from the beginning of the thread where the OP suggests Mediation as a way forward, so it may be unwise to deliberately “piss off” the other party if the intention is to resolve the dispute not escalate matters.

Di

[Diana M]

{"alt":"Click image for larger version Name:\t4058E842-F7F7-4FFC-9CC0-B5A0C5DC7E4D.jpeg Views:\t1 Size:\t64.7 KB ID:\t1396417","data-align":"none","data-attachmentid":"1396417","data-size":"medium"}6458909E-1DB1-45F5-928A-E41E3A85BC22.jpeg My letter to claimant asking her to stop the harassment 560D3BC8-1A47-42AB-88F5-9DDB5B52A04B.jpeg , this was done with aid of the CAB, also attached is her solicitors first letter

You’ve left the Thames Valley and Hertfordshire Police crime reference numbers on that first document which should be redacted.

Di

[jaguarsuk]

Aye, but procedurally cpr 42 requires formalisation https://www.justice.gov.uk/courts/pr...l/rules/part42

I'd just send a copy with the same letter to both then they can clarify.

[Amethyst]

Aye, but procedurally cpr 42 requires formalisation https://www.justice.gov.uk/courts/pr...l/rules/part42

[jaguarsuk]

Sorry to disagree, you should send documents to the Claimant if the solicitor hasn't sent a notice of acting and informed the court. You could cc it to the solicitor as back up but until informed otherwise formally you should communicate with the claimant as per the claim form.

As the Solicitor replied to the CPR Part 31.14 request I'd say it's pretty nailed on that he's acting on her behalf, but it's worth pointing out yet another mistake just to piss him off.

[MIKE770]

Sorry to disagree, you should send documents to the Claimant if the solicitor hasn't sent a notice of acting and informed the court. You could cc it to the solicitor as back up but until informed otherwise formally you should communicate with the claimant as per the claim form.

as per

[Amethyst]

Sorry to disagree, you should send documents to the Claimant if the solicitor hasn't sent a notice of acting and informed the court. You could cc it to the solicitor as back up but until informed otherwise formally you should communicate with the claimant as per the claim form.

[jaguarsuk]

This is brilliant, thank you. Having never done anything like this before, it does get really confusing as to who I should send stuff to!

He should have put it in the correct box on the form, but seen as he claimed for a loan it does seem like he's not that experienced at doing this either.

I looked at their law firm on the web and they seem more corporate contract to me, so I think this might be a friend or an acquaintance helping out as of course all solicitors know how to do this, but skill fade after not doing it for a while seems to be affecting him.

We'll arm your husband with the points he'll need to make as lay rep in the case after Witness Statements if you remind us. I wish I could come if I'm completely honest

[Stopbox]

This is brilliant, thank you. Having never done anything like this before, it does get really confusing as to who I should send stuff to!

[jaguarsuk]

There is nothing in that box, so I presume I should be sending all documents to the claimant not the solicitor, even though it’s the solicitor who responds to me

As the Solicitor is writing and responding to you then I would send it to them if they provided no address for service on the claim form. In the next cover letter ask them to clarify if that is the correct address for service due to it's absence on the claim form. I've amended the template in post #120 on page 8.

He'll love having to write a letter to confirm, add it to the bill.

I mean how is this guy even a solicitor?