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Being pursued for cost of replacement fence

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  • #16
    Originally posted by gazfocus View Post

    Yeh its a first for me too. The remaining pages are below (other than the last page which just has the figures on).
    Bizarre, I haven't heard anything about the court changing the forms but see what I can find out.

    Presuambly you've tried logging in on MCOL and the claim exists ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #17
      Originally posted by Amethyst View Post

      Bizarre, I haven't heard anything about the court changing the forms but see what I can find out.

      Presuambly you've tried logging in on MCOL and the claim exists ?
      No, I've not tried logging in yet but will do now.

      Edit: Have logged in successfully.

      Comment


      • #18
        Ame, that form is the new style form that's being trialled under the new Money Claims system. There are currently two money claims systems you can use:

        Current MCOL:
        https://www.moneyclaim.gov.uk/web/mcol/welcome

        new trial MCOL: https://www.gov.uk/make-money-claim

        the claimant will have used the new MCOL being trialled which has a different form and contents.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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        • #19
          Oh for goodness sakes. Well it's about time they upgraded it all, horrid system, but annoyed with myself I didn't know...lol. I've just gone through the original website to issue a claim against the other half ( obvs haven't submitted it ) and couldn't see how it had changed. That they have a new trial one is good - will have to have a read through and do new guidance for that one.

          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

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          • #20
            Yeah it wasnt advertised heavily but does come up high in the list when you Google money claim.

            I find it a bit fiddly than the previous one but there are some benefits to it such as the Particulars of Claim (which they've now renamed to Reasons For Claim) does t appear to have a character limit and theres also a section on what evidence the claimant is relying on but at the moment doesnt allow you to view that evidence.

            The change seems good but needs a bit of refining I think
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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            • #21
              And the claim form that gets sent out looks like any old sod could have knocked it up on Word... which will cause terrible confusion. Hey ho ( sorry gone off topic for the OP a bit - we'll have to get a new thread running for the new MCOL claim forms and how to respond to them etc )
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

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              • #22
                I have now asked for the extended deadline as advised.

                Comment


                • #23
                  Originally posted by gazfocus View Post

                  Here's what was said...
                  Okay that does show you had made no agreement before the installation of the fence and shows you have remained reasonable and offered to pay part of the cost of the fence as a contribution to avoid conflict.

                  Are the documents actually included with the claim ? ( sorry as you can tell, new system, so I'm not sure what you get with the claim form ) If not you can ask for copies under CPR 31.14.
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #24
                    Originally posted by Amethyst View Post

                    Okay that does show you had made no agreement before the installation of the fence and shows you have remained reasonable and offered to pay part of the cost of the fence as a contribution to avoid conflict.

                    Are the documents actually included with the claim ? ( sorry as you can tell, new system, so I'm not sure what you get with the claim form ) If not you can ask for copies under CPR 31.14.
                    No the evidence is not available to look at. I will ask for copies.

                    Comment


                    • #25
                      By the way, I should point out that the acknowledgment of the claim is slightly different on the new beta system and in order to acknowledge the claim and obtain an extra 14 days to file a defence, there should be an option within the selection of links to ask for extra time to respond or words to that effect. If you don't do this then you only have 14 days to respond (instead of 28) and if you fail to do that then I the claimant can request default judgment.

                      I'm afraid I can't give you the exact location because I am not able to access it on my account once it reaches past a certain stage. This seems to be another flaw or potential issue in the beta system because I don't think everyone will be aware that they need to do this.
                      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                      LEGAL DISCLAIMER
                      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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                      • #26
                        I'm working on a guide for it ... had to issue a claim against my other half to get to the pages ... so hope it ends up being useful. Most claims should still be on old system as they haven't updated the 'bulk' claims process (so for the DCA's)
                        Attached Files
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #27
                          I have successfully requested more time and had an email confirmation from gov.uk advising that I now have until 15th October to file my defence.

                          I am in the process of putting together the letter to request the evidence from my neighbour but I was thinking, does he legally have to supply me with the evidence? I am just concerned that putting in the letter that I want the evidence to help me to defend the claim will make him not want to co-operate.

                          Also, I was wondering whether putting in my defence that I made a voluntary offer of £140 will end up with me getting a judgement for at least that amount?

                          Comment


                          • #28
                            He will have to provide the evidence at some point, there's no reason not to supply it now - he has listed it as his 'evidence' therefore it is disclosed and he should make copies available for inspection. HAve a look at CPR 31.14 Documents referred to in statements of case etc.

                            31.14

                            (1) A party may inspect a document mentioned in –

                            (a) a statement of case;

                            (b) a witness statement;


                            The court may view it as unreasonable if he doesn't provide the information, and if he doesn't provide it, you put in your defence that you have requested it ( documents mentioned in his statement of case being
                            - Letters, Emails and other correspondence of initial calculations and costings.
                            - receipts for fencing and posts
                            - receipts for labour costs. )
                            and he has failed to provide it.
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #29
                              Re the £140 , it seems to me you made a goodwill offer because you are a nice person rather than because you'd entered into any agreement with the man. It was an offer to settle so could be deemed without prejudice so there is no need to disclose it at all. The claimant hasn't put it in his particulars in any event.

                              Starting point.... but wait for the documents ( unless he fails to provide the info then you just go on what you know/evidence you have )



                              1: It is denied the Claimant is entitled to the sums as claimed or at all.

                              2: It is admitted that the Claimant erected a new fence on the boundary between our properties on xx June 2017.

                              3: It is denied there was any agreement in place between myself and the Claimant to remove, erect or pay for any replacement fence on the boundary.

                              4: The Defendant was unaware of the Claimant's intention to remove and replace the Fencing until xx June 20, the day the work was carried out.

                              5: The Defendant only became aware because the Claimant attended the Defendant's property to request he keep his Dogs in the House for the day as the fence was being replaced.

                              ................ as a beginning point.

                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


                              • #30
                                Ok, thanks Amethyst. I've done my CPR request, and sent a copy via email and royal mail signed for, so hopefully that will prompt a response (and hopefully let them know I'm certainly not just going to roll over and pay up).

                                Comment

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