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

[Harassed63]

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

Thank you very much for the info re forms.

[Harassed63]

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

Hi I have downloaded the N244 so I can apply to amend the particulars of claim. However I also need to remove some letters from the defendant that were marked "without prejudice" that I sent in the bundle of evidence. In box 3 I propose asking for acceptance of re-submission of evidence and particulars of claim because 1) I stated the defendants trading name incorrectly 2) WP correspondence was inadvertently included in the bundle of evidence 3) reference to WP negotiations made in Particulars of Claim. Does this sound ok please?

[Harassed63]

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

Hi - I asked a solicitor for help with the N244. He is pretty certain the defendant, who he knows from previous experience as having a policy of defending everything, will take it to the wire but settle out of court. If this is the case could someone tell me what the approximate figure is I will have spent on bringing the claim. It's a fast track claim and I forgot to ask the solicitor. I've paid the initial fee to lodge the claim and an additional £155 for the N244. There's no fee for returning the directions questionnaire which I'm sending tomorrow but I don't know what else I will have to pay assuming they settle.

[Harassed63]

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

Hi - I have agreed directions with the defendant for one months stay for mediation. I rang the court the case has been transferred to see if I could hand deliver the N181 and they mentioned a Case Management Conference was going to be arranged. After they recieved the N181 I received notice of the CMC ( to consider the request for a stay) to be held next month. The defendant wants me to sign a consent order for the CMC to be vacated because we have already agreed to mediation. I have read that the Judge has the power to give summary judgement at a CMC. I'm assuming he will have sight of all my evidence which is substantial. One piece in particular is an email I was copied into between two employees of the defendant in which it is stated "xxxxx xxxxxxxx will be doing the interiors, she will furnish me with her choices for upgrades to kitchens, floorings etc". I can't see how they have any reasonable chance of winning the case because of this. Is it possible that the case could be thrown out at the CMC please?

[Wombats]

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

The link below sets out a court's powers in a CMC:

http://www.justice.gov.uk/courts/pro...l/rules/part03

[Harassed63]

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

Thank you Wombats. I've read the link and see that the Judge has the power to make a summary judgement. Am wondering if that's a distinct possibility as they had decided on a CMC before I submitted the N181 that mentioned our agreement for mediation. Just seems odd that the stated reason for the CMC is to consider the request for a stay when they know one has already been agreed. Are cases like this often thrown out at this stage? That's my hope as this is very stressful for me even though I know I have definitive evidence that they breached the contract.

[Amethyst]

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

How are you getting on with this?