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Small claims - help with n215 form - Name of court?

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  • Small claims - help with n215 form - Name of court?

    Hi

    I issued the small claims online, now I have to send the evidence to the court and defendant

    Can anyone please tell me what I’m supposed to put on the n215 form for ‘name of court’ ?

    2) file a certificate of service in form N215 at the County Court Business Centre within 14 days of service of the particulars of claim on the defendant.

    thanks in anticipation
    Tags: None

  • #2
    "County Court Business Centre" by the look of it.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thanks, that’s what I thought.

      im going to be posting a copy of all my evidence to the defendant.

      Do I post it all to the court along with the N215 form as well, or do I just send the N215 form to the court at this point?

      Comment


      • #4
        Isn't the only thing you need to be filing right now the certificate of service?

        I suggest that you familiarise yourself with County Court procedure/process.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          I have been trying to familiarise myself with the court service but I keep reading conflicting advice. It’s so confusing and I’m not entirely IT iterate

          I submitted the online claim last week, I wasn’t able to send all my evidence until I had access to a printer this week.

          i thought I had to send a copy of all my evidence to both the defendant and court. I’ve only had one email from MCOL and that was telling me my claim number

          So to clarify I only need to send a copy of my evidence to the defendant and not the court at this point?


          Thanks again

          Comment


          • #6
            https://www.gov.uk/make-court-claim-for-money
            Last edited by atticus; 13th September 2022, 13:06:PM.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              And there is this more detailed handbook, prepared by the judiciary.

              https://www.judiciary.uk/wp-content/..._in_Person.pdf
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                I’ve read both and still can’t get my head around it

                An I correct in my understanding that I only need to send a copy of my evidence to the defendant and not the court at this point? I then send the n215 to confirm I’ve sent the evidence to the defendant?

                Thanks

                Comment


                • #9
                  Sending evidence to other parties and the court comes later. If the case is contested, then after both parties have completed directions questionnaires, the court will issue an order giving "directions". These tell the parties what they must do and by when. These directions will cover things like exchanging/filing witness statements, documentary evidence etc, and also when you have to pay the trial fee and the amount.
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment


                  • #10
                    Part 27 of the Civil Procedure Rules relates to cases allocated to the Small Claims Track:

                    https://www.justice.gov.uk/courts/pr...l/rules/part27
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment


                    • #11
                      Thanks Attucks, you have been so helpful.

                      I’ve been stressing out so much over this and I’ve been given conflicting information when I’ve sought guidance.

                      I’ve spend days collating the evidence and was worried I want going to get It off in time

                      I have to say I’m confused as to how the court make a decision if they haven’t seen the physical evidence. Or at this point are we just waiting to see if the defendant challenges it or not (which he inevitably will).

                      so I sit and do nothing until deadline reached and then send all the evidence?

                      Thanks again

                      Comment


                      • #12
                        Sorry for spelling your name incorrectly Atticus - autocorrect and I don’t know how to edit the post

                        Comment


                        • #13
                          the court makes its decision in contested cases after seeing and hearing the evidence. That is what the trial is for. But that comes at the end of the process, not the very beginning.

                          Take the time to inform yourself calmly of how the process works.
                          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                          Comment


                          • #14
                            Hi Atticus

                            Latest update

                            The garage has agreed in writing (without prejudice) to have all the major and advisories fixed on the car and new MOT.

                            My problem is he has taken so long to respond to the original claim so that the deadline to proceed with the case is tomorrow

                            We haven’t agreed on a garage where the repairs will be made and MOT completed so it will still take some time to get the car sorted out.

                            I am happy to agree to mediation (as I just want the car fixed) but if I settle the claim and he doesn’t honour his side of the agreement won’t I have to go through the money claims process again?

                            It’s not like the dealer can be trusted!

                            Am I better off carrying on with proceeding, obviously accepting the option of mediation?

                            Many thanks in anticipation

                            Comment


                            • #15
                              ASk yourself what do you want? Is what is offered acceptable to you?
                              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                              Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                              Comment

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