Small claims track as a defendant N180 form

[frenchdog123]

Hey, I would really appreciate some advice on this matter. Sorry it is a bit of a dumb question but I really don’t want to get anything wrong. A claimant is trying to take me through small claims track, I have received an N149A, which states that if I do not think small claims is the appropriate track then I should fill in section C1. It then says I need to complete the N180 form by a certain date and file it with the court house. I am not wanting to go through small claims track if possible, so do I complete the whole N180 form or just section C1? Would appreciate any advice I can get, thank you

[Pezza54]

Hi
Welcome to LB
You should complete N180 in its entirety
Under C1 you need to state why you think the small claims track is unsuitable and provide your preferred track
What is the value of the claim?

[frenchdog123]

Hey, thanks so much for the response! The value of the claim is just under £4000, the case is pretty simple and the claimant is an energy company who i’ve had ongoing problems with for a bout a year and a half now. I had a really complex situation that they kept telling me they were going to resolve and never managed to do so no matter how many times I rang, emailed and chased them up. I feel that going to small claims court would be such a waste of money and time for something that is really a simple case that they haven’t bothered looking into.

[Pezza54]

Sorry I misunderstood. I thought you preferred the intermediate or fast track
You should agree to the small claims track and agree to mediation as the claim is under £10k
Think carefully before stating on N180 that you believe the case can be decided on without a hearing
You said much has taken place, emails, phone calls
You might do better if you present your defence and witness statement at a hearing

[frenchdog123]

I see, thank you for this advice. Do you know how much roughly it would cost for one to go through small claims?

[Pezza54]

If you win, nothing. You may be able to claim travel expenses and loss of earnings

If you lose, the claim (including interest if it has been added to the claim), court fees (about £500 if the claim reaches final hearing) plus possibly the claimant's travel expenses

[echat11]

Fill in the following, copy and paste back to this thread.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

a) Send the utility company a SAR request, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

b) Send their solicitors a CPR 31.14 request, they have 7 days to provide the requested documentation. Ask for a copy of agreement / Terms and Conditions, Notice of Assignment and Default Notice.

https://legalbeagles.info/library/gu...-of-documents/

c) The following is an example Defence (remember CCA 1974, does not apply, so leave out) just have a look at it - https://legalbeagles.info/library/gu...-court-claims/

After you've acknowledged service of the claim, you have 28 days in total from the date on the claim form to file you Defence with the Court (plus 5 days postal - you should not need this). Post an update of what you've received from your requests with 5 days left so we can help with your Defence.