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

[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

[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).

[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]

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.

[Diana M]

I'll send letters to both the claimant and the solicitor asking them to clarify, and hopefully not piss anyone off

A simple oneliner letter seeking clarification is fine.

I feel confrontation where it’s not needed can backfire. Cases are won or lost on points of law and facts, not mudslinging.

All letters have the potential to end up in front of the Judge who will have been a solicitor earlier in his career so may not be impressed by letters which he reads sent by a perceived ‘smart alec’. You want the Judge onside.

If the solicitor has made any mistakes then use them to your advantage (if appropriate) not correct them. I don’t know what these errors are, but if they’re relevant then consider whether these points belong in your Witness Statement further down the line.

If there are procedural errors (CPR errors) then seek legal advice in case you can make an Application to the court which could result in the Claimant being sanctioned such as the claim being struck out.

However if the solicitor is not on Notice as acting then his mistakes may not be relevant to these proceedings until or unless he is on Notice.

Lawyers take the view “we don’t litigate through correspondence” so think carefully about the content of any letter you send.

Di

[Diana M]

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

Then you should do the same.

Everything goes to the Claimant.

Di

[Stopbox]

As per the letter I am going to send, I was just going with the template that jaguarsuk had posted in post 120 and it will be to the claimant and basically asking clarification.

[Diana M]

As per the letter I am going to send, I was just going with the template that jaguarsuk had posted in post 120 and it will be to the claimant and basically asking clarification.

I see no no need for Paragraph 3 in that suggested letter.

The court has confirmed that they are using the Claimant’s address for service (as per the claim form presumably) so that’s your clarification isn’t it?

Di

[Stopbox]

The letter below is the mistake that jaguarsuk was referring to, I had asked for evidence showing me the 'record of arrangement' and 'loan agreement' as per the CPR rules, and that these items were stated in the particulars of claim. the claimant had given the letter to the solicitor and he replied as below.

5658E6B8-929A-4DC6-9F3C-9AA4874D79C8.jpeg

[jaguarsuk]

I see no no need for Paragraph 3 in that suggested letter.

The court has confirmed that they are using the Claimant’s address for service (as per the claim form presumably) so that’s your clarification isn’t it?

Di

Post #124. That's the point, there is no address for service on the claim form.

But you don't need para 3 now the court has confirmed. Until the court notifies you otherwise all to the woman at her address Stopbox

[Diana M]

I'll also make sure the claimant has a copy of my defence as well, considering I sent it to her solicitor.

The court will have served your Defence on the Claimant as per the Order in post #13 which clearly states a copy was enclosed with the DQs.

I see no harm in you sending a copy to the Claimant too for belts and braces purposes (since the solicitor is apparently not on record).

Di

[Diana M]

I had asked for evidence showing me the 'record of arrangement' and 'loan agreement' as per the CPR rules, and that these items were stated in the particulars of claim. the claimant had given the letter to the solicitor and he replied as below.

5658E6B8-929A-4DC6-9F3C-9AA4874D79C8.jpeg

From what you say you’ve sent a CPR 31.14 Request to the Claimant. They have not replied. That’s their choice and something you may wish to refer to in your Witness Statement.

You've received a letter from a solicitor which says the matter of disclosure will be dealt with by Directions in due course.

What’s the mistake?

Di

[Stopbox]

That they are puzzled by the 'record or arrangement' and 'loan agreement', both of which are stated on the POC. However, there is no loan agreement and never has been, but that they did not check on the particulars of claim & loss before replying (a copy of the POC is in Post 8)

[jaguarsuk]

From what you say you’ve sent a CPR 31.14 Request to the Claimant. They have not replied. That’s their choice and something you may wish to refer to in your Witness Statement.

You've received a letter from a solicitor which says the matter of disclosure will be dealt with by Directions in due course.

What’s the mistake?

Di

In the statement of case the claimant claims for a loan agreement. This is a dispute over fees for a stable not a loan.

The record of agreement is also mentioned, but clearly they just don't want to give it over or it doesn't in fact exist and refused the 31.14 request.

[Diana M]

but clearly they just don't want to give it over or it doesn't in fact exist and refused the 31.14 request.

The solicitor’s letter simply says that disclosure of evidential documents will take place in due course (albeit he’s apparently not on record as acting at this stage).

Di