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*WON* Received court claim from Bryan Carter

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  • Amethyst
    replied
    Re: Received court claim from Bryan Carter..... help please

    N180 http://www.legalbeagles.info/forums/...l-Claims-Track

    xxx

    It is more for holidays / expected time in hospital etc as you are expected to be able to take half a day off work to attend ( you'll have about 4 weeks notice of a hearing date )


    And send a copy to the claimant as well as filing it with the court.

    Leave a comment:


  • aaroncaz
    replied
    Re: Received court claim from Bryan Carter..... help please

    Originally posted by Berniethebolt View Post
    If the question says including yourself the answer will be 1 (assuming you are the only witness)
    It also has dates to avoid for an hearing, can I give certain days of the week I work,that I can't attend?

    Leave a comment:


  • aaroncaz
    replied
    Re: Received court claim from Bryan Carter..... help please

    Originally posted by Berniethebolt View Post
    If the question says including yourself the answer will be 1 (assuming you are the only witness)
    And do I agree that the small claims track is the appropriate track for this case?

    Leave a comment:


  • Berniethebolt
    replied
    Re: Received court claim from Bryan Carter..... help please

    If the question says including yourself the answer will be 1 (assuming you are the only witness)

    Leave a comment:


  • aaroncaz
    replied
    Re: Received court claim from Bryan Carter..... help please

    Also it's asking how many witnesses including myself will give evidence? None?

    And do I agree that the small claims track is the appropriate track for this case?

    Leave a comment:


  • Berniethebolt
    replied
    Re: Received court claim from Bryan Carter..... help please

    I'm not sure
    [MENTION=37786]FlamingParrot[/MENTION] [MENTION=6]Amethyst[/MENTION]

    Hopefully one of those two will be able to tell you but I think you just need to file it with the court in the way it states

    Leave a comment:


  • aaroncaz
    replied
    Re: Received court claim from Bryan Carter..... help please

    Do I need to send Carter the letter I quoted above or just the filled questionnaire?

    Leave a comment:


  • Berniethebolt
    replied
    Re: Received court claim from Bryan Carter..... help please

    They may not know so make sure you tell them that you have not got enough info if you haven't received anything . How can you mediate when you don't know your position.

    From there they will need to provide all documents they seek to rely on before court

    Leave a comment:


  • aaroncaz
    replied
    Re: Received court claim from Bryan Carter..... help please

    Originally posted by FlamingParrot View Post
    You agree to mediation in principle, i.e. tick the box at this stage. The mediation team will then get in touch with you in a few weeks, asking whether you've got enough information. If at that point they've not send you any documents, then you'd say you haven't.

    They will say that without documents mediation cannot go ahead and the matter will proceed to court but it makes you look willing, if you see what I mean. :thumb:

    https://www.gov.uk/find-court-tribunal
    It's a county court you are looking for.

    Always a good idea to use registered post (but not special delivery unless time really is of the essence).
    The court will know if they have not sent me the documents? Or do I have to tell them when they call?

    Leave a comment:


  • FlamingParrot
    replied
    Re: Received court claim from Bryan Carter..... help please

    Originally posted by aaroncaz View Post
    Will it get to mediation? I thought you said before not to agree to mediation unless they come up with something? They still have not I presume provided any documents , do you think they will by now?
    You agree to mediation in principle, i.e. tick the box at this stage. The mediation team will then get in touch with you in a few weeks, asking whether you've got enough information. If at that point they've not send you any documents, then you'd say you haven't.

    They will say that without documents mediation cannot go ahead and the matter will proceed to court but it makes you look willing, if you see what I mean. :thumb:
    Originally posted by aaroncaz View Post
    How do I find my local court?
    https://www.gov.uk/find-court-tribunal
    It's a county court you are looking for.
    Originally posted by aaroncaz View Post
    Should I post both to carter and the court by registered post?
    Always a good idea to use registered post (but not special delivery unless time really is of the essence).

    Leave a comment:


  • aaroncaz
    replied
    Re: Received court claim from Bryan Carter..... help please

    Will it get to mediation? I thought you said before not to agree to mediation unless they come up with something? They still have not I presume provided any documents , do you think they will by now?

    How do I find my local court? Should I post both to carter and the court by registered post?

    Sorry for all the questions, have to go out but will be back later, thanks for your help.

    Leave a comment:


  • FlamingParrot
    replied
    Re: Received court claim from Bryan Carter..... help please

    Hi

    That's just the next step in the process and all the wording you describe above is generic, the crossed out sentence would refer to a counter claim if you had filed one.

    You need to fill in and return the questionnaire as indicated, note that you also need to send a copy of your filled in questionnaire to Carter as well as the original to the court, some people here had not been aware of that and had returned the original to the court without copying it. :typing:

    It should be fairly straightforward to fill in. It's a good idea to agree to mediation, no reason to object to allocation to small claims track as that's based on the value of the claim (under £10k).

    You should also provide details of your local court as that's where you'd have to attend a hearing if it gets that far, as well as dates you won't be available. There is no need for experts or interpreters or other key witnesses and only one witness (yourself).

    Any questions just shout. :thumb:

    Leave a comment:


  • aaroncaz
    replied
    Re: Received court claim from Bryan Carter..... help please

    Had the N180 today, it says the main letter

    Notice of proposed allocation to the small claims track


    if i do not comply with this notice the court will make such an order as appropriate, this could include striking out the claim or entering judgement/


    TAKE NOTICE THAT

    1 This is now a defended claim.

    The defendant has filed a claim a copy of which is enclosed ( THIS SENTENCE IS CROSSED OUT)

    2 it appears that this case is suitable for allocation to the small claims track.If you believe this is not the case please complete box c1 on the small claims direction questionaire and explain why.

    3. you must by 26th october compete the small claims direction questionnaire and file it with the court office.

    There is also a letter abt mediation. What should I do next please?

    Leave a comment:


  • nemesis45
    replied
    Re: Received court claim from Bryan Carter..... help please

    Originally posted by aaroncaz View Post
    No not had a N180 form and post has been today.
    As has already been said the claimant has 28 days to respond to your defence and it
    appears that here is 9 days left or response so contact the court at the end of the period
    if you don't get a response earlier.

    nem

    Leave a comment:


  • aaroncaz
    replied
    Re: Received court claim from Bryan Carter..... help please

    No not had a N180 form and post has been today.

    Leave a comment:

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