Serving a Claim

[SunbeamFan]

Hi All,

I am in dispute with someone over some unreasonable charges which would fall into the Small Claims / Fast Track hearing (circa £6,000) and I sent them a Letter Before Action and a Without Prejudice offer of settlement.

I was contacted by their Lawyer who rejected the offer of settlement and then set out their rules for how I may serve notice on them if I wish to proceed with the claim, e.g. in person, not by email or fax, only during working week/hours.

My question is, as the Defendant has appointed a Lawyer am I obliged to serve notice to them in accordance with their rules or can I still serve direct to the Defendant either via post or email and they then pass to their Lawyer?

If I use Money Claim Online does that system automatically submit the notice to the Defendant?

Many thanks.

[jaguarsuk]

Hi All,

I am in dispute with someone over some unreasonable charges which would fall into the Small Claims / Fast Track hearing (circa £6,000) and I sent them a Letter Before Action and a Without Prejudice offer of settlement.

I was contacted by their Lawyer who rejected the offer of settlement and then set out their rules for how I may serve notice on them if I wish to proceed with the claim, e.g. in person, not by email or fax, only during working week/hours.

My question is, as the Defendant has appointed a Lawyer am I obliged to serve notice to them in accordance with their rules or can I still serve direct to the Defendant either via post or email and they then pass to their Lawyer?

If I use Money Claim Online does that system automatically submit the notice to the Defendant?

Many thanks.

You should serve the solicitor as they have responded to your letter before action to advise you they are acting for the defendant. All that serving the defendant would do is have them pass it to the solicitor who will acknowledge service with their address for service which will oblige you to serve them directly thereafter. I don't know what advantage you perceive to serving the defendant directly as they're clearly just going to have their solicitor respond.

By in person they mean via Royal Mail and not email or fax, this is because documents can be missed due to spam filters or faxes piling up on the machine.