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Small claims - trader-legal home insurance

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  • #46
    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 ..............

    Comment


    • #47
      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.

      Comment


      • #48
        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!)

        Comment


        • #49
          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.

          Comment


          • #50
            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.

            Comment


            • #51
              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.

              Comment


              • #52
                Great!

                Comment

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                SHORTCUTS


                First Steps
                Check dates
                Income/Expenditure
                Acknowledge Claim
                CCA Request
                CPR 31.14 Request
                Subject Access Request Letter
                Example Defence
                Set Aside Application
                Directions Questionnaire



                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                NOTE: If you receive a court claim note these dates in your calendar ...
                Acknowledge Claim - within 14 days from Service

                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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