Hi Legalbeagles. Help needed. Breach of contract Mcol procedure.

[Amethyst]

It was the new trial I looked at. The yes, no answers, came back with, not suitable when the question was asked, is there more then 1 defendant.

Indeed, you'd have to use the old system https://www.moneyclaim.gov.uk/web/mcol/welcome OR do it on paper ( as you go through the new trial and it says NOT SUITABLE it should link you to the relevant documents to print - although then you get lumped with the higher court fee ( MCOL has a discount to paper filing) - so I'd give the old system a go first )

[R0b]

The current MCOL system should allow you to add two defendants to the claim if there were joint sellers.

If you have multiple claims for different causes of action then I would suggest that you insert headers and separate out each of the claims so it is clear what allegations you are making. For example:

Failure to give vacant possession

1. Discuss the breach of contract elements first

The Defendant's removal of fixtures and fittings

2. You then go on to discuss the fixtures and fittings that the defendant has removed, contrary to what was agreed in the contract and make sure to refer to the relevant clauses of the contract and list items missing. If you paid a certain value (as opposed to a lump sum) for the missing fixtures and fittings then you need to list the value you paid for each item.

3. You could also have a claim for tort of interference of goods too for conversion as an alternative claim. Where you are seeking an alternative claim, you would usually writing something along the lines of "Further or alternatively ..." but don't worry too much about this I can provide some wording.

You then do the same for the gates, but you have mentioned that this is a breach of regulations. I'm not sure what regulations you are on about but you need to be specific and refer to the exact regulations they appear to be in breach of. As for misrepresentation, that would likely apply if there is something on the Replies to Inquiries that could assist you but if not, then your claim is largely based on breach of contract.

I would suggest that you have a stab at drafting something yourself, in a similar format that I presented in my previous post. Upload it on here (make sure to redact personal info) and we can comment on it further.

[Savj]

Good afternoon,
I apologize for such a long time between posts. I've been waiting for details back from my Solicitor. The paperwork is finally in my possession, so I've been able to finished my attempt of a POC. A copy of which I have attached. I do hope that I have followed your guidance correctly and I've not made too much of a pigs ear of it.

[jaguarsuk]

Good afternoon,
I apologize for such a long time between posts. I've been waiting for details back from my Solicitor. The paperwork is finally in my possession, so I've been able to finished my attempt of a POC. A copy of which I have attached. I do hope that I have followed your guidance correctly and I've not made too much of a pigs ear of it.

Pigs ear pffft, I'd say well written and well put.

[Savj]

Is it correct to calculate the interest on all the claim or should it just be for the items that we have actually paid out for, ie, removals, hotel already been paid for but we haven't purchased the replacement goods or repaired the gate as yet.
Tia.

[jaguarsuk]

Just the loss, so things you have paid out for.

[Savj]

Good afternoon Legalbeagles,
I thought I'd update you with my longtime coming claim.
Well I finally filled in all the forms, which I must say without the help on here I don't think I would have taken on. Sent the forms, poc, evidence and the fee in, then crossed my fingers. I received my notice back saying that the claim had been sent to the defendants and they had until the 12.12 to reply. No reply has arrived so I'm just in the process of sending in my completed N205A form, to enable the court to make judgement on the amount I should be awarded.
I would like to say a big thank you, especially to Rob for your invaluable guidance.
I will keep you posted on the final outcome.
Thanks again.

[MIKE770]

give it a couple of days before next move

[Savj]

I contacted the court to check if they'd received anything. I was told nothing had arrived within the timeframe given so I could complete the N205A form and send it in.
I read a few comments saying, get your form in ASAP as the defendants response would take precedence over the claimants completed form if received first, even after the deadline.

[Savj]

Good evening Legal beagles,
I'm a little perplexed, so I'm hoping someone can help.
I've just received an email from the court stating, 'Request for Judgment. This is being returned to you as a Defence has been filed.' I have not received any further information regarding what has been defended.
Am i right in saying that the court has received a completed form from the defendants and if I am correct, how would this be possible for the form to be accepted as I checked to see whether they had responded by the date given and they had not. I emailed my Request for Judgement form to the court as soon as I had that information. Any ideas?
Thanks.

[jaguarsuk]

Good evening Legal beagles,
I'm a little perplexed, so I'm hoping someone can help.
I've just received an email from the court stating, 'Request for Judgment. This is being returned to you as a Defence has been filed.' I have not received any further information regarding what has been defended.
Am i right in saying that the court has received a completed form from the defendants and if I am correct, how would this be possible for the form to be accepted as I checked to see whether they had responded by the date given and they had not. I emailed my Request for Judgement form to the court as soon as I had that information. Any ideas?
Thanks.

The court may have received the defence at the time you had enquired, but not yet added it to the claim file. Once they got to it's turn in the admin pile after you had enquired they have applied the information to the file.

You should get a court order asking how you wish to proceed with a copy of the defence in due course.