How do I reply to a defence issued against my small claims court case??

[lawg33k]

My POC were insufficient when I submitted them. Can I now submit revised POC. Do I have to complete form N244?
My witness statement needs to be revised to be in proper format, no statement of truth, should I revise and resubmit at the same time as POC??
Am I right in thinking I can do this up to 4 months from date of issue of claim??
Thanks,

[stevemLS]

Re: amending a claim in the small claims court

It is covered by CPR Part 17.

Essentially, if it hasn't been served, you can amend at any time. If it has been served you can only amend it with the consent of the other party or permission from the court.

If you need permission you would have to make an application on form N244 and pay the application fee.

I think the four months you are thinking of is the time you have to serve the claim form from the point you issued it.

Of course, if you did it online, it is likely to have been served by the court and so you will need permission.

I'm surprised at this stage you have served evidence - need a little more of the history to work out what you need to do about that.

[lawg33k]

Re: amending a claim in the small claims court

HiMy dog got bitten at the park and this required treatment at the vet. I submitted a claim in small claims - served 30th April 2014 to the owner of the dog, as she did not pay and POC within 14 days that are probably insufficient. This was merely a letter, setting out amount owed and why. No statement of truth - case number, and no covering letter. n215 was submitted to court, although they do not have a copy....Can I serve another particulars of claim, correctly, now - with the accompanying letter - and do I have to send an N244 to have this accepted??My witness statement is not in the correct format either - no numbered paragraphs, no statement of truth - so that needs to be done too. I have read about amendments in red etc.Will all this be covered on one N244Should I send a covering letter to the court submitting amended information, what should it say?Thanks in advance for any help.There was me thinking I was going through layman's proceedings< and I submitted what I thought was a POC, it was merely a letter setting out the

[stevemLS]

Re: amending a claim in the small claims court

No, you serve the particulars of claim, then see what their response is before you think about witness statements.

If they defend the claim the court will issue an allocation questionnaire to ensure it is suitable for the small claims track.

Only when allocated will the court issue directions which will include instructions on when statements are to be served.

There is some helpful information here http://www.adviceguide.org.uk/wales/...arting_a_claim and I think there is a sticky on this site about small claims procedure.

If they do not defend the claim, you get judgment in default - which you have to apply for (no fee) and I think you can do it online.

My view is that you will now have to seek permission to amend your statement of case (particulars of claim) - does anyone else have a view?

[lawg33k]

How do I reply to a defence issued against my small claims court case??

Defendant has issued a defence to my claim I want to ensure I do it correctly, can anyone how I do that - what should the format be?. I can't find a direction in the CPR rules.

Thanks

[Amethyst]

Re: How do I reply to a defence issued against my small claims court case??

Is this relating to this case? http://www.legalbeagles.info/forums/...992#post456992

CPR is 15 - Defence and Reply.... thus

Reply to defence

15.8 If a claimant files a reply to the defence, the claimant must
(a) file the reply with a directions questionnaire; and
(b) serve the reply on the other parties at the same time as it is filed.
(Rule 26.3(1) and (6) requires the parties to file directions questionnaires and specifies the period for doing so).
(Part 22 requires a reply to be verified by a statement of truth)


You've been served a defence and need to let the court know you wish to proceed with the claim, they will then send you the directions questionnaire.

[lawg33k]

Re: How do I reply to a defence issued against my small claims court case??

Is this relating to this case? http://www.legalbeagles.info/forums/...992#post456992

CPR is 15 - Defence and Reply.... thus

Reply to defence

15.8 If a claimant files a reply to the defence, the claimant must
(a) file the reply with a directions questionnaire; and
(b) serve the reply on the other parties at the same time as it is filed.
(Rule 26.3(1) and (6) requires the parties to file directions questionnaires and specifies the period for doing so).
(Part 22 requires a reply to be verified by a statement of truth)


You've been served a defence and need to let the court know you wish to proceed with the claim, they will then send you the directions questionnaire.

Yes it was to do with the earlier thread, thanks Amethyst. I have sent Amended particulars of claim and my revised witness statement. Together with revised form N1 and N244. I hope that's right.

The defendant has submitted a witness statement, and those of others which I wish to reply to. How do I do that? Do I have to submit a form N215 when I submit a copy to her?
There are, in fact, lies in her statement, which are supported by her own witness statements!! Would it be wise to point these out to the Judge in my reply - and how strong should I make my point about this??

Thanks so much for your help in all of this.

[Amethyst]

Re: How do I reply to a defence issued against my small claims court case??

Okay lets summarise a little as things seem to be a bit fast timescale wise.


1) sent insufficient POC to defendant and cert of service to court

2) defendant responded saying inadequate POC ??

3) entered N244 and revised particulars and witness statement to court (and served on defendant)

4) received defence and witness statement from defendant ???

[lawg33k]

Re: How do I reply to a defence issued against my small claims court case??

Okay lets summarise a little as things seem to be a bit fast timescale wise.


1) sent insufficient POC to defendant and cert of service to court

2) defendant responded saying inadequate POC ??

3) entered N244 and revised particulars and witness statement to court (and served on defendant)

4) received defence and witness statement from defendant ???

Sorry, I received the witness statements following the order by the court that the matter would proceed to hearing. At this point, I realised that my POC were insufficient, so I have re-hashed them, and submitted them with N1 and N244 forms. I am now responding to defendants witness statement, and want to make sure I do it correctly.
Any advice?
I have also re-hashed my witness statement. Should I send a copy to defendant - or will the court do that, I have sent several copies to the court. If I do need to send defendant a copy, do I have to send N215 to the court?


Thanks,

[Amethyst]

Re: How do I reply to a defence issued against my small claims court case??

Ok - is defendants Witness statement in response to your original POC ?

As I believe you entered revised POC without agreement with defendant, and AFTER defendant has defended and entered witness statements, there may be an application hearing for the revision. Was the defendants defence and witness statement stating that your original POC was insufficient and should be struck out or was it a full defence to the claim you made.

The new POC needs to be served and they need to serve defence to amended POC before you do anything else.

I think you need to slow down a little bit and we need to look at the case properly.

Does the Defendant have a solicitor?

[lawg33k]

Re: How do I reply to a defence issued against my small claims court case??

The defendants witness statement seems professional, I think she has help.

The defendants' s witness statement is in reply to the order for hearing, she says she did not get POC,
I have prepared some arguments to her defence, but the original order says that I should reply to her witness statement by the end of this week.
Should I hold off issuing those for new directions following request to amend the POC,

Is it possible to private message?

[Amethyst]

Re: How do I reply to a defence issued against my small claims court case??

The defendants witness statement seems professional, I think she has help.

The defendants' s witness statement is in reply to the order for hearing, she says she did not get POC,
I have prepared some arguments to her defence, but the original order says that I should reply to her witness statement by the end of this week.
Should I hold off issuing those for new directions following request to amend the POC,

Is it possible to private message?

Ok, not sure how you got to an order for a hearing if she didn't receive the POC.

Think we need to see all docs try save this running away from you....could you email me everything to date please. admin@legalbeagles.info.

[lawg33k]

Re: How do I reply to a defence issued against my small claims court case??

Thanks so much Amethyst. I will do that,

[lawg33k]

Re: How do I reply to a defence issued against my small claims court case??

Got to nip out I'll do it when I get back in a couple of hours,

[lawg33k]

Re: How do I reply to a defence issued against my small claims court case??

Got to nip out I'll do it when I get back in a couple of hours,

Just sent some info over, sorry for delay - took me a bit of time to get it all together,

Thanks so much for taking a look.