Help complete ting n181 form defendant, have already been proven innocent

[Froggy54]

Hi,
i was wondering if anyone could help me fill out an n181 form.

The case regards a car accident- I am a victim of identity theft. I was not the driver and this has already been proven as the police officer confirmed it was not me at court in 2015.

how can this case be opened again if I have already been proven innocent?

any help would be gratefully appreciated

thanks in advance

[warwick65]

Re: Help complete ting n181 form defendant, have already been proven innocent

Is this a claim for damages

Just how much are they claiming?

If it has got this far I assume you have received a claim form and followed the process so far [MENTION=87380]Diana M[/MENTION]

[Froggy54]

Re: Help complete ting n181 form defendant, have already been proven innocent

Hi Warwick65

the claim is for damages, the claimant is claiming £1400 but it also states the claim shall be no more than £5000.

i have completed the n9d form already and then I have received this n181 form

thanks

[warwick65]

Re: Help complete ting n181 form defendant, have already been proven innocent

Hi

So you have submitted a defence and the claimant has now decided to go ahead with the claim.

Is the form from the claimant or the court?

If it from the court , you will need to follow the instructions on the N181 and send copies to the court and the claimant

[Froggy54]

Re: Help complete ting n181 form defendant, have already been proven innocent

It is from the court, there are no instructions provided with the form and this is what I am struggling with. Nor can I seem to find any instructions online?

[samsmoot]

Re: Help complete ting n181 form defendant, have already been proven innocent

Directions Questionnaire, yes?

I completed one of these a while back. I'll have a good look at what went on in a bit.

[pt2537]

Re: Help complete ting n181 form defendant, have already been proven innocent

It is from the court, there are no instructions provided with the form and this is what I am struggling with. Nor can I seem to find any instructions online?

if youre saying that the claim against you arises out of identity fraud and you are not liable then surely you should give consideration to making an application to strike out the claim on the basis that it has no prospect of success and the Claim is nothing more than an abuse of the Court process.

with regards to the N181, what questions are you struggling with? its fairly straight forward to complete so if you let us know we can help

[samsmoot]

Re: Help complete ting n181 form defendant, have already been proven innocent

The above seems appropriate.

But to get going with the n181 I would first ask the other side to prepare draft Directions and email them to you. Then you can attach a copy to your form as per Section J if you agree, or change whatever you need to.

[Froggy54]

Re: Help complete ting n181 form defendant, have already been proven innocent

That would be helpful, thanks

[Froggy54]

Re: Help complete ting n181 form defendant, have already been proven innocent

could you advise me of where to start making an application to strike it out?

question b2 I'm unsure of what this means.
question d2 also makes no sense to me
d 3 and d4- I don't know what multi track is?

i have not recieved any directions from the other party? Unless this is particulars of claim?

thank you in advance

[samsmoot]

Re: Help complete ting n181 form defendant, have already been proven innocent

Here is Directions example. This was agreed so it said so at the top. If it's not an agreed draft, say so. You can't be expected to know this stuff so it's simpler to rely on the other side to propose most of the directions. They shouldn't have a problem doing so because it's to assist the court.

1. This claim is allocated to the fast track (provided it is not allocated to the small claims track as per Claimant's request).

1. Disclosure shall take place as follows:
   
   1. Each party shall give standard disclosure to the other party by list by 4pm on (4 weeks from allocation e.g. 7 December 2015).
      
   2. Any request for inspection to be made by 4pm on (5 weeks from allocation e.g. 14 December 2015).
      
   3. Any documents requested for inspection or as a copy must be served on the requesting party no later than 4pm on (6 weeks from allocation e.g. 21 December 2015).

1. Each party shall serve on every other party the witness statements of all witnesses of fact on whom he intends to rely. There shall be simultaneous exchange of such statements no later than 4pm on (10 weeks from allocation e.g. 18 January 2015).

1. No expert evidence being necessary, no party has permission to call or rely on expert evidence.

1. The parties must file with their listing questionnaires, copies of witness statements and replies to requests for further information.

1. Each party must file a completed pre-trial check list no later than (22 weeks from allocation e.g. 11 April 2016).

1. The matter shall be listed within a three week trial window commencing (30 weeks from the date of allocation e.g. between 6 - 27 June 2016), with a time estimate of one day.

1. Each party must inform the court immediately if the claim is settled whether or not it is then possible to file a draft consent order to give effect to their agreement.

- - - Updated - - -

could you advise me of where to start making an application to strike it out?

question b2 I'm unsure of what this means.
question d2 also makes no sense to me
d 3 and d4- I don't know what multi track is?

i have not recieved any directions from the other party? Unless this is particulars of claim?

thank you in advance

I can go through the form with you within the hour.

[samsmoot]

Re: Help complete ting n181 form defendant, have already been proven innocent

I'm not legally qualified so wouldn't want to 'advise' you how to complete the form but I can tell you what was put on a recent one:

A1 Y; 2 N
B2 Y 'XXX County Court. The Claimant is 63 and has health issues and is on a means-tested benefit. Travel afar would be difficult for these reasons.'
C Y
D1 N
D2
'Claim is within Small Claims limit. Claimant, as an LIP, would find it easier to plead her case and this would be fair and just.'
D3 Leave Blank
D4 'Standard Disclosure'
E N; None; N
G
One Day
H Leave blank
I [Y, I would say 'Application for strike out of claim' {the same court is where to send it, I believe} if you intend it]