Struggling With My County Court Claim

[Guest]

I have filed an N1 Claim form against 2 Defendants. Within the N1 Form,I listed very brief particulars of claim. Both Defendants have now responded and I now have 14 days to respond. The notice that the court sent says that I must complete the Questionaire (Form N180). Can I also send in a statement of truth countering what the 2 Defendants have claimed as they are asking for my claim to be struck off? The form N180 asks if I agree to the case being referred to the Small Claims Mediation Service. If I do this,do I loose the right to a hearing at a Small Claims Court? Are there any implications by refusing this? Any input will be appreciated.

[Celestine]

Re: Struggling With My County Court Claim

The N180 is merely to ensure the case is suitable for the small claims 'track' of the county court process. It also attempts to resolve the matter by mediation if possible. Though it wouldn't harm your case to refuse mediation, most tick saying they will agree. Who knows, an hour long teleconference MIGHT sort things out and save wasting the courts time with a hearing?
A statement of truth should not accompany the N180, but can be prepared and submitted as a 'Witness Statement', ahead of any hearing, should the case get that far. You are also welcome to write to the co-defendants at any point in the proceedings to challenge their allegations and refer to evidence such as invoices, emails etc. So long as these letters are NOT marked 'without prejudice' they can be included in your final 'bundle'

[Guest]

Re: Struggling With My County Court Claim

The N180 is merely to ensure the case is suitable for the small claims 'track' of the county court process. It also attempts to resolve the matter by mediation if possible. Though it wouldn't harm your case to refuse mediation, most tick saying they will agree. Who knows, an hour long teleconference MIGHT sort things out and save wasting the courts time with a hearing?
A statement of truth should not accompany the N180, but can be prepared and submitted as a 'Witness Statement', ahead of any hearing, should the case get that far. You are also welcome to write to the co-defendants at any point in the proceedings to challenge their allegations and refer to evidence such as invoices, emails etc. So long as these letters are NOT marked 'without prejudice' they can be included in your final 'bundle'

Thank you very much.I have no problem in accepting mediation and agree there is nothing to loose and everything to gain by going down this road.I was just concerned that I would commit to mediation by ticking the box,thus loosing the opportunity to pursue via the small claims track.For clarity,I intend to send off the N180 within the allocated time slot and then send witness statements to both defendants (copies to the court) in an attempt to counter arguments made by the Defendants regarding striking the claim out.

[smileyculture]

Re: Struggling With My County Court Claim

Hello, this seems to be a common tactic of solicitors to try and get a claim struck out. Ignore, follow what the Court ask you to provide and do your homework. Do not give the defendants any information ,you do not need to. The Judge will not be to happy, if the striking out application has no proper grounds. It feels daunting but you will get more confident, the mediation is your choice. You have a right to vindication, use it, you have had to take them to Court, know what you want from it. Good Luck

[Guest]

Re: Struggling With My County Court Claim

Hello, this seems to be a common tactic of solicitors to try and get a claim struck out. Ignore, follow what the Court ask you to provide and do your homework. Do not give the defendants any information ,you do not need to. The Judge will not be to happy, if the striking out application has no proper grounds. It feels daunting but you will get more confident, the mediation is your choice. You have a right to vindication, use it, you have had to take them to Court, know what you want from it. Good Luck

Hi. Thank you for taking the time to respond in such an encouraging manner.

[smileyculture]

Re: Struggling With My County Court Claim

Hi, please keep us posted as to your progress, once you have started it works a lot slower than you think. I have had the defendants late in filing but that means nothing, the Court however, does make a note of the fact. Another thing I forgot to add, was the Court itself are helpful in pointing you in the right direction when filing papers, ask, it does not cost anything.