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I received a court claim which came out of the blue which I adamantly deny. The whole sorry saga can be found here :
http://www.legalbeagles.info/forums/...16-months-HELP
A valued member suggested I start a new thread here.
I filled out all the forms and a defence which was sent through. I also received this by email from the builders no win no fee solicitor about a week ago :
This case be allocated to the Fast Track.
Claimant
Defendant
2.
3.
4. 5.
The Defendant do file a properly pleaded Defence in accordance with the Civil Procedure Rules by close of business May 2016.
The Claimant, if it sees fit, do file a reply to the Defence by close of business 23rd May 2016.
Disclosure of documents will be dealt with as follows :-
ii.
By 4.00pm 6th June 2016 the parties must give to each other standard disclosure of documents by list and category.
By 4.00pm 13th June 2016 any request must be made to inspect the
original of, or to provide a copy of a discloseable document. Any such request, unless objected to, must be complied with within fourteen days of the request.
Evidence of facts should be dealt with as follows :-
ii.
By 4.00pm 4tl July 2016 all parties must serve on each other copies of the signed statements of themselves, and of all other witnesses on
whom they intend to rely, and all notices relating to evidence.
Oral evidence will not be permitted at Trial from a witness whose statement has not been served in accordance with this Order or has been served late, except with the permission of the Court.
In the mean time I have filled out the forms and sent to all parties an RICS adjudication application form, but not sure if I am too late as I had already filed my defence back, but as the claim came unexpectantly I was caught out with time to find out any other ways to solve the problem.
The solicitor acting wanted the case heard in their home town which is miles away from me and would make attending very difficult as my husband is ill and I'd be away for the whole day which would be nigh on impossible to do . I didn't put down on the form which court I wanted it to be herd at as I mi read the question and left it blank.
I received in the post today a letter from the court in Northampton titled Notice of transferor proceedings.
It states : This claim has been transferred to the below county court ( this is close to me ) for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges directions will be sent to you in a notice of allocation. If you would like any further information you can contact the local county court hearing centre directly but please wait the judge's direction.
Firstly does this mean that the case will be heard close to me and not in the court closest to the claimant and also if the RICS adjudicator is going to advise on the case what shall I do to inform the court?
Many thanks
http://www.legalbeagles.info/forums/...16-months-HELP
A valued member suggested I start a new thread here.
I filled out all the forms and a defence which was sent through. I also received this by email from the builders no win no fee solicitor about a week ago :
This case be allocated to the Fast Track.
Claimant
Defendant
2.
3.
4. 5.
The Defendant do file a properly pleaded Defence in accordance with the Civil Procedure Rules by close of business May 2016.
The Claimant, if it sees fit, do file a reply to the Defence by close of business 23rd May 2016.
Disclosure of documents will be dealt with as follows :-
ii.
By 4.00pm 6th June 2016 the parties must give to each other standard disclosure of documents by list and category.
By 4.00pm 13th June 2016 any request must be made to inspect the
original of, or to provide a copy of a discloseable document. Any such request, unless objected to, must be complied with within fourteen days of the request.
Evidence of facts should be dealt with as follows :-
ii.
By 4.00pm 4tl July 2016 all parties must serve on each other copies of the signed statements of themselves, and of all other witnesses on
whom they intend to rely, and all notices relating to evidence.
Oral evidence will not be permitted at Trial from a witness whose statement has not been served in accordance with this Order or has been served late, except with the permission of the Court.
In the mean time I have filled out the forms and sent to all parties an RICS adjudication application form, but not sure if I am too late as I had already filed my defence back, but as the claim came unexpectantly I was caught out with time to find out any other ways to solve the problem.
The solicitor acting wanted the case heard in their home town which is miles away from me and would make attending very difficult as my husband is ill and I'd be away for the whole day which would be nigh on impossible to do . I didn't put down on the form which court I wanted it to be herd at as I mi read the question and left it blank.
I received in the post today a letter from the court in Northampton titled Notice of transferor proceedings.
It states : This claim has been transferred to the below county court ( this is close to me ) for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges directions will be sent to you in a notice of allocation. If you would like any further information you can contact the local county court hearing centre directly but please wait the judge's direction.
Firstly does this mean that the case will be heard close to me and not in the court closest to the claimant and also if the RICS adjudicator is going to advise on the case what shall I do to inform the court?
Many thanks
