Small claims - trader-legal home insurance

[des8]

From what you have written I suspect you used form N1 to start your claim
In the panel "Particulars of Claim" there are two tick boxes (one "attached", the other "to follow")
You ticked "to follow" and the Court Procedure Rules (CPR) part 7.4 are clear:
(1) Particulars of claim must –
(a) be contained in or served with the claim form; or
(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.

As said, all you can do now is await the court's directions
It could well be the judge decides your bullet points were sufficient, the claimant has an arguable defence so cancels the default judgement and orders the matter goes to trial.
On the other hand ..............

[Sotired]

Thank you for explaining des8. I think I have been given the wrong information,
as no mention to me of 14 days to send further details, at that stage. It was N1 form. The details were brief to the point but as said the defendant well aware of all the problems, as i sent quite a few letters detailing it all. Hopefully, when I get any letters from the court, I can counter claim, or is the judges decision final?. This is the first time I have had to do a small claims, so it's a worry.

[des8]

really looks as if they have applied for set aside ,and as it seems they had not filed a defence as they were waiting for the Particulars "to follow" it will most probably be granted.
The judge will decide and then give directions (which you must follow!)

[Sotired]

OK thanks again. Even though the defendant knows all the particulars!!. I'll keep you updated on things. Again, it is going to be quite a few weeks wait.....thank you for your help.

[Sotired]

Good morning des8 . Is it worth me sending a message to the courts, so they have on file, I misunderstood, wrong information, also that the company fully aware the reasons for court action?. Or the company could have let the courts know before the judgement date had passed.? Would appreciate your advice on this.

[des8]

won't make any difference.
the court view is that anyone using the process is aware of the rules and ignorance is not a reason.

[Sotired]

Great!

[Sotired]

A long time has passed but I have eventually heard back from the courts. A district judge has decided on a hearing. Is there some guidance what the process is, what/how much information do I take? Do I have to see the defendant ?

To remind you, I originally got judgement of my case, the defendant tradesman appealed as I didn't put the full details of the case to the defendant. I did send a note to the courts with an explanation. Some time has now passed, and they have decided on a hearing. Having not done this before, and not looking forward to it is something I must deal with, so any advice welcome. Thank you

[Pezza54]

It would be helpful if you could post the wording about the hearing in the letter you have received from the court.

[Sotired]

Details, says. The hearing of the Claimant’s application to re instate the claim. Court dare. Time 15 mins in person. Bring this notice with you. All documents sent or emailed to court must include the claim number and date of hearing.

as above, I got judgement, the defendant appealed. I was informed the courts months running way behind, waiting for contact as they unable to find district judge. I then got a letter to say the case had been struck out as I hadn't complied to an order they sent out. I contacted them immediately to say I hadn't received anything so was unable to do know to reply to anything. I completed n244 form as advised by the court and asked for the case to be re instated. I had to pay another fee, even though I didn't receive anything from the courts. Now this is what I have received. I'm not sure whether the defendant also goes to this? What information should I take, as there is quite a lot of correspondence over thus case and photographic evidence.

[Pezza54]

Summary of events so far:
You made a claim against the builder using N1 ticking box poc to follow
The defendant acknowledged the claim stating they would defend in full
You failed to send full poc so the defendant didn't file a defence
You applied for judgement in default which was awarded
The defendant then applied for the judgement to be set aside as they didn't receive you poc
The court sent you an order which you didn't receive and therefore failed to comply with so your claim was struck out and you received a court letter about this.
When you received the letter you immediately contacted the court and was told to make a N244 application to reinstate the claim which you did
The court has set a time and date for the hearing

The defendant is entitled to attend the hearing and oppose your application to reinstate the claim
They are likely to argue that after all this time they considered the claim abandoned

In your witness statement included with your application you should have explained your mistake for not sending the defendant full poc (ticked the wrong box by mistake?)
A good reason why you didn't receive the court order and therefore didn't comply with it
Show that you have grounds for a strong claim and that the defendant failed to provide reasonable care and skill breaching the implied term under Section 49 of CRA 2015 and you have consumer rights for damages under Section 54 of the Act

Did you serve the defendant with your application notice?

[Sotired]

Thank you for detailing it all down.


A good reason why you didn't receive the court order and therefore didn't comply with it.

I think I explained it, as I did say if i had received it i would have replied. I also emailed the courts and explained, I put a copy of that in my n244 form.


Did you serve the defendant with your application notice?
You mean my n244 form?. I had to put down who to be notified. I put down just myself st this stage, as I wasn't sure whst would happen next.

Do i take any particulars of my claim itself against the defendant or just do a witness statement to take with me, and do I actually quote the Information about
'under Section 49 of CRA 2015 and you have consumer rights for damages under Section 54 of the Act'

Or send before it to them before my hearing?

[Pezza54]

You should state that the moment you received the court letter telling you the claim had been struck out you contacted court staff and informed them you hadn't received the order

You should have attached your witness statement and poc (statement of case) to N244 as you haven't filed your poc before

CPR 23.7 states the applicant should serve the notice and documents on the other party or parties asap after the application is filed. So you should send the defendant a copy

[Sotired]

You should state that the moment you received the court letter telling you the claim had been struck out you contacted court staff and informed them you hadn't received the orde.

Thanks. I put this on the form and email

You should have attached your witness statement and poc (statement of case) to N244 as you haven't filed your poc before

i didn't put any details about the case with the n244 form. Is it too late to add it now, or can I show it at the hearing?. On the n1 form, I only put down 3 small bullet points. Should I type everything out, all the problems, there is quite a bit of detail?


CPR 23.7 states the applicant should serve the notice and documents on the other party or parties asap after the application is filed. So you should send the defendant a copy.

I had emailed the courts earlier and asked them if they have sent the defendant the court hearing order. They confirmed thry gave sent the defendant the court hearing plus copy of my application. I did not realise they would send a copy of my application as well. I have my personal details down, phone, new email address I would have preferred them not to have!.too late now to say this?
the courts also stated, if i am wanting to rely on anything else at the hearing, I must serve the court snd the defendant.

[Pezza54]

Read by searching on the internet how a poc should be drafted, concise consecutively numbered paras etc
Provide info on the contract, quote, brief description of the work
Give the start date, then go onto say what happened. Don't go into too much detail but say how the defendant breached the contract
Show how you have calculated the damages you are claiming
End with a Statement of Truth
File it with the court asap and serve a copy on the defendant