Can I use a solicitor in a fast track money claim?

[Harassed63]

I am a claimant in a money claim which is being defended. I know the small claims court was designed so that claimants did not need to be represented by a solicitor but can I use one as I feel a bit intimidated by the whole process.

[Amethyst]

Re: Can I use a solicitor in a fast track money claim?

I am a claimant in a money claim which is being defended. I know the small claims court was designed so that claimants did not need to be represented by a solicitor but can I use one as I feel a bit intimidated by the whole process.

In fast track there are higher costs risks involved than in small claims. You can engage your solicitor to act for you and if you win the claim you should be able to claim the costs back from the defendants. DO you want to tell us a bit more about the claim you have bought ?

[Harassed63]

Re: Can I use a solicitor in a fast track money claim?

I was sub-contracted by a national company to carry out work between 2009 and last year when I retired and put my company into voluntary liquidation. In summer last year they cancelled three contracts to supply goods and services four months after they had orally instructed me stating they had no contract with me because they had not issued order numbers. By that time I had carried out almost all of the preparation work and purchased goods so issued them with invoices for my lost profit. I have substantial documentary evidence in the form of emails between myself and one of their sales managers which confirm the contracts had been awarded to me and my work was underway. One email I was copied into between the sales manager and her quantity surveyor quite specifically says "XXXXXXX Ltd will be doing the interiors.After I told them I held one hundred and sixty nine invoices, a hundred and twenty five of which had no order numbers, as proof of my entitlement to rely on oral instruction, they made a derisory offer. I maintained my company should be left in the financial position it would have been in had the contracts not been breached so filed a money claim. This situation has caused me a lot of stress culminating in an attack of very painful shingles. I do not like confrontation and, although I have a strong case and am determined to go through with it, I feel intimidated by the prospect of going to court.

[wales01man]

Re: Can I use a solicitor in a fast track money claim?

Does your Ltd. company still exist?

[Harassed63]

Re: Can I use a solicitor in a fast track money claim?

It has not been wound up yet. The liquidators are waiting for resolution of the claim. When I submitted invoices for my lost profit the company requested I complete the work but my company had ceased trading by then. I had paid off my staff and cancelled my insurance cover so was not in a position to agree to their request. I had withdrawn tenders I'd already submitted for further work once they cancelled the contracts in question and decided to retire early as doing any further work for them was untenable given the resentment I would have felt having to absorb my losses and continue working for them. I did not discover I might have a case against them for oral breach of contract until after I'd retired.

[Amethyst]

Re: Can I use a solicitor in a fast track money claim?

Tricky one.

''In summer last year they cancelled three contracts to supply goods and services four months after they had orally instructed me stating they had no contract with me because they had not issued order numbers. By that time I had carried out almost all of the preparation work and purchased goods so issued them with invoices for my lost profit.'' ''When I submitted invoices for my lost profit the company requested I complete the work''


How long between them stating they had no contract with you and you submitting the invoices for lost profit?

[wales01man]

Re: Can I use a solicitor in a fast track money claim?

Are the Liquidators not responsible for the claim if they have control of the assets and money they should be paying.
Looks like you need to consult good legal advice here it must be the Ltd. company claiming or by chance is it you personally?

[Harassed63]

Re: Can I use a solicitor in a fast track money claim?

Tricky one.
How long between them stating they had no contract with you and you submitting the invoices for lost profit?

They cancelled in July. I waited until the beginning of November to submit the lost profit invoices as I had outstanding invoices that were due for payment at the end of October.

[Harassed63]

Re: Can I use a solicitor in a fast track money claim?

Are the Liquidators not responsible for the claim if they have control of the assets and money they should be paying.
Looks like you need to consult good legal advice here it must be the Ltd. company claiming or by chance is it you personally?

The claim is from the Limited Company. I've already consulted a solicitor who said I have a strong case. He advised me to make a Part 36 offer for two thirds. I decided not to make an offer then but to keep it as an option. I don't think he approved as I have since asked him a few questions by email and although he's replied he did not answer all my questions. I decided to go ahead and submit a claim on my own. However I made a mistake by including correspondence from the company with their offer marked "without prejudice" and mentioned it in the "particulars of claim". I need to find out how to rectify this. The defendant has mentioned it and asked for removal. Also the name of the defendant has to be changed as the one I entered on the form is a subsiduary of the parent company.

[Amethyst]

Re: Can I use a solicitor in a fast track money claim?

As it isn't straight foward and the defendants are defending (do you want to post a copy of their defence up?) then yes you might be wise looking at getting a solicitor to represent you and take the claim forwards - you'll need someone with commercial contract experience I think. Have a look on the law society website and also see if you can have a chat with someone (some places offer a free half hour - I know Howletts do - http://www.qualitysolicitors.com/how...rke/contact-us - but they are down in Brighton and am sure many others do free consultation - it isn't an area I know enough on to actually recommend anyone to you. As the claim is over £10k then I'd say it is worthwhile finding out a bit more how much it would cost to have a solicitor represent you.

[Amethyst]

Re: Can I use a solicitor in a fast track money claim?

The claim is from the Limited Company. I've already consulted a solicitor who said I have a strong case. He advised me to make a Part 36 offer for two thirds. I decided not to make an offer then but to keep it as an option. I don't think he approved as I have since asked him a few questions by email and although he's replied he did not answer all my questions. I decided to go ahead and submit a claim on my own. However I made a mistake by including correspondence from the company with their offer marked "without prejudice" and mentioned it in the "particulars of claim". I need to find out how to rectify this. The defendant has mentioned it and asked for removal. Also the name of the defendant has to be changed as the one I entered on the form is a subsiduary of the parent company.

Ahhh.

You'll need to apply to amend your statement of case. If you get the defendants consent you can do it without notice so would be I think a £50 fee (court costs have changed today so am not quite up on them yet).

[Harassed63]

Re: Can I use a solicitor in a fast track money claim?

Do you happen to know how I have to apply to amend the statement of case? Is it a particular form? In the defendants statement they say their "position is reserved in respect of any without prejudice negotiations" and they "require deletion of all such references from the claim". I also need to complete a form for amendment of the defendants name but am not sure if it's a N244 or an N245?

[Harassed63]

Re: Can I use a solicitor in a fast track money claim?

As it isn't straight foward and the defendants are defending (do you want to post a copy of their defence up?) then yes you might be wise looking at getting a solicitor to represent you and take the claim forwards - you'll need someone with commercial contract experience I think. Have a look on the law society website and also see if you can have a chat with someone (some places offer a free half hour - I know Howletts do - http://www.qualitysolicitors.com/how...rke/contact-us - but they are down in Brighton and am sure many others do free consultation - it isn't an area I know enough on to actually recommend anyone to you. As the claim is over £10k then I'd say it is worthwhile finding out a bit more how much it would cost to have a solicitor represent you.

Many thanks. I am in the North of England. It sounds as if I should make an appointment, perhaps with a different solicitor, as if I keep bumbling along on my own, I'm likely to make more mistakes.

Their defence is there was no contract but they admit that in a three month period I'd submitted various details as part of a quotation. Blatantly untrue and I have email evidence to disprove it.

[Amethyst]

Re: Can I use a solicitor in a fast track money claim?

Many thanks. I am in the North of England. It sounds as if I should make an appointment, perhaps with a different solicitor, as if I keep bumbling along on my own, I'm likely to make more mistakes.

I think it might be wise. If you have a good case they'll be able to advise how to run it properly. http://solicitors.lawsociety.org.uk/

[Amethyst]

Re: Can I use a solicitor in a fast track money claim?

Do you happen to know how I have to apply to amend the statement of case? Is it a particular form? In the defendants statement they say their "position is reserved in respect of any without prejudice negotiations" and they "require deletion of all such references from the claim". I also need to complete a form for amendment of the defendants name but am not sure if it's a N244 or an N245?

It'd be the N244 - the N245 is for suspension of a warrant

You have to amend in a certain way prescribed by the CPRs. Underline amended text and add new text in red ink. I'll get the relevant PD for you.

http://www.justice.gov.uk/courts/pro...l/rules/part17

http://www.justice.gov.uk/courts/pro...rt17/pd_part17