Originally posted by Farmer Jones
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Hopefully the solicitor will advise having reviewed the defence and your points that they should discontinue, however they might not as then they can increase their costs.
They have 28 days to reply to your defence and state whether they wish to proceed. If they do then you will be sent an N180 Directions questionnaire (Small Claims Track) and I prefer to fill mine in then print them from here: https://www.moneyclaimsuk.co.uk/PDFForms/N180.pdf
My handwriting is terrible you see.
In completing the form go with:
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 the solicitor. It's a one hour appointment where the mediator will ring you to get your views and then ring them to hear theirs, then go back and forth throughout the hour to try to settle it.
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.
You will then send a copy to the court and a copy to the claimant's solicitor with a cover letter, something like:
Dear Sirs
Re: Them -v- You - 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.
Yours sincerely
<<YOUR NAME>>
Enc.
Re: Them -v- You - 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.
Yours sincerely
<<YOUR NAME>>
Enc.
Finally then you will attend the hearing and state your case, more advice about that near the time.
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