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

[jaguarsuk]

Overpaid by £292.86 ( so show HOW that happened - I know you are attaching statements as exhibits but show the basic maths and say as per the attached schedule of payments )

Something like this:

The fees were 28 weeks at £100 (23^rd December 2016 to 6^th July 2017), 22 weeks at £50 (7^th July 2017 to 8^th December2017) and 1 day at £7.14 (9^th December 2017). This amounts to 50 weeks and 1 day levying £3,907.14 in fees. I paid Mrs C £2,000 on 17^th December 2016, £1,200 on 6^th June 2017 and an additional sum of £1,000 on 23^rd September 2017 totalling £4,200, an over payment of £292.86.

[Amethyst]

Yip, that's what I mean, thanks Jags then something like this as an exhibit.
2018-04-09 09_37_31-Start.png

[Stopbox]

so To make sure I have this correct, I need to get the N9D form completed and sent to Salford (or can I do this online?).

my witness statement does not need to go in yet? So that gives me time to complete it with more finesse!! I have a spreadsheet of my payments and in the defence it shows the working out of the overpayment so I can just transfer that calculation across.

[jaguarsuk]

1 I need to get the N9D form completed

2 sent to Salford (or can I do this online?).

3. my witness statement does not need to go in yet?

1. Yes

2. Possibly if it'll allow you that much information or to attach separate documents, you can email it to ccmcce-filing@justice.gov.uk or print and post. I only prefer the latter as I send Recorded Delivery and know it's been signed for, but it's personal preference.

3. Correct, it'll go in much later

[Stopbox]

Thank you, I’ll get started on the N9D form tonight and recap the defence, reducing the harassment amount. I presume i send all supporting documents with it, such as witness statements, copies of items I want money back for etc.

[jaguarsuk]

Thank you, I’ll get started on the N9D form tonight and recap the defence, reducing the harassment amount. I presume i send all supporting documents with it, such as witness statements, copies of items I want money back for etc.

No supporting documents need to be sent at all, all that will be sent later when you submit your Witness Statement 14 days before the hearing.

In your Defence and Counterclaim you haven't mentioned the Witness Statements or any documents, therefore if her solicitor tries with a CPR Part 31.14 letter like we sent him to try to balance out their refusal, you can tell him that those documents are not mentioned and as such you'll "await the timetable and orders of the court in due course, before disclosing your evidential documents in this claim."

[Stopbox]

All typed up and ready to go. The only area I'm concerned with is in the Defence is 16(c) where I write:

"Further, the Defendant will place reliance on statements signed by several employees as to the true events which occurred that day."

Does this mean that the solicitor can ask me for copies of the statements?

[jaguarsuk]

All typed up and ready to go. The only area I'm concerned with is in the Defence is 16(c) where I write:

"Further, the Defendant will place reliance on statements signed by several employees as to the true events which occurred that day."

Does this mean that the solicitor can ask me for copies of the statements?

Yes, this is your statement of case and they can ask for any documents mentioned in it under part 31.14.

You could change it slightly, but it's not worth the risk. Omit the employee witness statements from the Defence and add it into the Witness Statement later as that's the point you have to substantiate what you are saying happened.

Chenage 16 c to

Further, events which occurred that day took place in the presence of several other employees.

It tells them you'll be relying on Witness Statements as they'd be stupid if they believe you wouldn't get them, but by not specifically mentioning them it means they can't ask for them.

[Stopbox]

I’ve left it the way it was, and sent it out today.......now waiting for the cranky letter from the solicitor

[jaguarsuk]

I’ve left it the way it was, and sent it out today.......now waiting for the cranky letter from the solicitor

They probably won’t ask for them, but even if they do it does nothing other than show them you aren’t making things up.

Out of interest did you use the template letter I shared or if not point out where your request for documents came from?

Give us us an update with the next document you receive.

[Stopbox]

“Out of interest did you use the template letter I shared or if not point out where your request for documents came from?”

i definitely used your template, I particularly like the part where it says “to help your client with their ‘confusion’!”

[jaguarsuk]

“Out of interest did you use the template letter I shared or if not point out where your request for documents came from?”

i definitely used your template, I particularly like the part where it says “to help your client with their ‘confusion’!”

Good stuff, it'll firstly have him scramble for the Statement of Case and realise his errors, but the tone should sufficiently piss him off coming from a Litigant in Person.

Solicitors, Barristers, Para Legals, Legal Execs etc. all like to think they're better than us mere mortals, so hate it when we show up their mistakes. Personally I think I'm no better than anyone else, but the nature of the legal profession seems to attract those sorts of individuals whom think otherwise.

The letter is of no effect to the woman claiming, purely worded to annoy him and then he'll have to advise his client what you were asking for along with the mistakes he's made to result in you asking and then reveal you are Counterclaiming.

Oh to be a fly on the wall

[Stopbox]

Oh to be a fly on the wall

I was thinking along the same lines. I can imagine smoke pouring out of ears!!

[Stopbox]

Afternoon, this came today, I complete with the Directions Questionnaire, had to ring the small ford office as they had put that it needed returning by 12th April.......they actually meant 12th May!! 762645C4-D1B9-4E46-BFE6-A94E692C8041.jpeg

[jaguarsuk]

Afternoon, this came today, I complete with the Directions Questionnaire, had to ring the small ford office as they had put that it needed returning by 12th April.......they actually meant 12th May!! 762645C4-D1B9-4E46-BFE6-A94E692C8041.jpeg

Okay, this is standard stuff and that means that the claim is going to progress on towards being heard. Nothing to worry about. You should get back from the Claimant either a "Reply to Defence and Counterclaim" or "Defence to Counterclaim" before that date too.

The online version of the N180 is here if you want to type as opposed to hand write: https://assets.publishing.service.go...6/n180-eng.pdf

A1 tick yes for mediation, you need to appear to be trying to be reasonable and it is also incumbent upon you to try to settle the claim without need of a hearing.

Mediation takes place by phone and you won't be in a conference call with her or her solicitor. It's a one hour appointment where the mediator will ring you to get your views and then ring her to hear hers, then go back and forth throughout the hour to try to settle it. In reality she doesn't strike me from your accounts as the reasonable type and therefore you probably won't settle, but you never know.

C1 tick yes, you don't want to be in the other tracks with their costs implications.

D1 you should put the name and address of your local court (find here) and "Defendants Home Court persuant to CPR 26.2A(3)."

D2 tick no because there's no expert witnesses.

D3 put 1 if just you or however many you might call to testify plus 1 for you.

Send it back by the 12th May 2018 and await the next order from the court or possibly contact from the mediation team if the other side agrees to mediate. Make a copy and serve it to the Claimants solicitor as the order directs "and serve copies on all other parties."

Here's a template of a cover letter for the solicitor:

Dear Sirs

Re: Claim <<CLAIM NO>>

I write regarding the above matter in the County Court Money Claim Centre.

Enclosed is a copy of my form N180 Directions questionnaire (Small Claims Track) by way of service upon you and I confirm that the same has been filed with the court.

The claim form contains no address for service, so due to previous correspondence I assume that this is the address for service in this claim and I would be obliged if you would clarify by reply to the above address.

Yours sincerely



<<YOUR NAME>>
Enc.