• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • LegalBeagles® is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

    Please do not post your full name, reference numbers or any identifiable details on the forum.

Civil Enforcement Ltd County Court Business Centre Claim

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #46
    If this is al good, what do I do next? Do I print it out, sign and then upload it somehow to the MCOL service or do I just copy-paste it without signing but just type my name etc?

    Comment


    • #47
      Defence & counterclaim (Top of the Defence statement)
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #48
        Originally posted by Lyat View Post
        If this is al good, what do I do next? Do I print it out, sign and then upload it somehow to the MCOL service or do I just copy-paste it without signing but just type my name etc?
        If it's too big for MCOL, print it, sign & add as an attachment to email
        ccbc@justice.gov.uk

        Use the format per
        https://legalbeagles.info/library/gu...-court-claims/

        In the email subject box, put 'Defence & counterclaim, claim ref no [the no. shown on the claim form]'.

        Email a copy to yourself (Belt & braces)
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #49
          So just one last thing before this goes off, is the very worst that can happen in terms of my counter claim that they will defend it and the judge will basically throw it out and I'll just lose the £25 and it'll just all be over after that?

          Of course I understand the very worst case scenario is that the judge rules in their favour on both counts and I get slapped with the bogus amount they put on their claim form + £25 court fee for my counter claim right?

          Comment


          • #50
            Originally posted by Lyat View Post
            So just one last thing before this goes off, is the very worst that can happen in terms of my counter claim that they will defend it and the judge will basically throw it out and I'll just lose the £25 and it'll just all be over after that?
            The counterclaim would be.

            Of course I understand the very worst case scenario is that the judge rules in their favour on both counts and I get slapped with the bogus amount they put on their claim form + £25 court fee for my counter claim right?
            Correct.
            Unless you behave unreasonably, but it would need to be a pretty serious 'unreasonableness'.
            ####
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #51
              The site is a nightmare and not letting me do it via the MCOL portal but is it ok that as a scanned document it's 3 separate pages? I.e. Defence & Counterclaim page 1, Defence & Counterclaim page 2 and so on (3 pages in total) as pdfs?

              Comment


              • #52
                Well, it was a bit of a bother to put it mildly, but I think I got there in the end! I think it went through via the MCOL but I sent it via email as well just as I mentioned in 3 pdf pages, manually signed. Figured it can't really be helped at this point and I just really need to try and get on with my life.

                Just thought I'd let you know that the email add the court sent me when I asked re the tech issues was ccbcaq@justice.gov.uk which is specifically for acknowledgements and defences etc rather than the ccbc (perhaps it's been recently updated or something )

                Anyway, as CharityNJW said, "Belt & brace" for impact now! Thank you charitynjw, & rob for all your help. I developed anxiety late in life but really suffer with it and this would have been a thousand times worse if there weren't people like you taking your time and energy to actually make a difference. Whatever happens next for me, you guys are awesome.
                Keep fighting the good fight!

                I'll keep you updated...

                XXX

                Comment


                • #53
                  Originally posted by Lyat View Post
                  Well, it was a bit of a bother to put it mildly, but I think I got there in the end! I think it went through via the MCOL but I sent it via email as well just as I mentioned in 3 pdf pages, manually signed. Figured it can't really be helped at this point and I just really need to try and get on with my life.

                  Just thought I'd let you know that the email add the court sent me when I asked re the tech issues was ccbcaq@justice.gov.uk which is specifically for acknowledgements and defences etc rather than the ccbc (perhaps it's been recently updated or something )

                  Anyway, as CharityNJW said, "Belt & brace" for impact now! Thank you charitynjw, & rob for all your help. I developed anxiety late in life but really suffer with it and this would have been a thousand times worse if there weren't people like you taking your time and energy to actually make a difference. Whatever happens next for me, you guys are awesome.
                  Keep fighting the good fight!

                  I'll keep you updated...

                  XXX
                  Don't forget that you can have a McKenzie Friend with you in court (with the court's permission, but afaIk it is rarely refused.)
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #54
                    So I've received the directions questionnaire. Can I get some advice on filling certain parts of this?

                    A1. Do you agree to this case being referred to the small claims mediation service? - I think that'll be a "no" right?

                    C1. Do you agree that the small claims track is appropriate for this case? - I think that's "yes"?

                    D1. They've allocated it to Horsham on their papers by the look of things although I'm in Crawley, it's not too far so I'm fine with that. Do I stop need to write it in the box here? It asks for a reason why which is what threw me a little as they're the ones who allocated it...

                    D2. I have asked my m.s nurse to write a letter for me but I don't have it yet. If I tick yes to asking the court to give permission to admit written evidence of an expert witness but it doesn't arrive in time, will I get in trouble? I think if I tick no but I then do have it turn I won't be able to rely on it will I? So I should tick yes?

                    D3. Again, if I say 3 witnesses but one doesn't arrive, will that mean trouble or will it be worse the other way around?

                    Where on this firm can I ask for right of audience or a McKenzie friend?

                    I want to get this off asap if possible and just jump in at the deep end!

                    Comment


                    • #55
                      Originally posted by Lyat View Post
                      So I've received the directions questionnaire. Can I get some advice on filling certain parts of this?

                      A1. Do you agree to this case being referred to the small claims mediation service? - I think that'll be a "no" right?
                      I'd usually say yes...courts like to see at least that the parties are open to out-of-court negotiations.
                      Others will disagree.


                      C1. Do you agree that the small claims track is appropriate for this case? - I think that's "yes"?
                      Yep

                      D1. They've allocated it to Horsham on their papers by the look of things although I'm in Crawley, it's not too far so I'm fine with that. Do I stop need to write it in the box here? It asks for a reason why which is what threw me a little as they're the ones who allocated it...
                      The court does have the final say re venue.

                      D2. I have asked my m.s nurse to write a letter for me but I don't have it yet. If I tick yes to asking the court to give permission to admit written evidence of an expert witness but it doesn't arrive in time, will I get in trouble? I think if I tick no but I then do have it turn I won't be able to rely on it will I? So I should tick yes?


                      D3. Again, if I say 3 witnesses but one doesn't arrive, will that mean trouble or will it be worse the other way around?
                      I'd include the nurse atm, but would advise the court asap if it falls through.
                      Advise that for that one it will just be a written submission if a 'no show' in person.



                      Where on this firm can I ask for right of audience or a McKenzie friend?
                      I'd send a seperate email to the court to ask permission, plus arrive at the hearing in good time & mention it to an usher for judge's permission.
                      If you do email, in the subject box put the claim number, Defence, permission sought for a McKenzie Friend.


                      I want to get this off asap if possible and just jump in at the deep end!
                      ####
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #56
                        The nurse won't actually turn up for my hearing, she'll just provide a letter. The other witnesses would be family and friend who can attest for my condition and witnessing my sending off the original posted appeal.

                        Can I just check if right of audience and McKenzie are two different things? Because I've read that right of audience has something to do with the other side as in I want to see who exactly I had a contract with i.e, the land owner.

                        Comment


                        • #57
                          Originally posted by Lyat View Post
                          The nurse won't actually turn up for my hearing, she'll just provide a letter. The other witnesses would be family and friend who can attest for my condition and witnessing my sending off the original posted appeal.

                          Can I just check if right of audience and McKenzie are two different things? Because I've read that right of audience has something to do with the other side as in I want to see who exactly I had a contract with i.e, the land owner.
                          They are very different animals.
                          Right of Audience means that someone is legally representing you. (& has the authority/legal right to do so.)
                          A McK F just sits beside you & 'hand-holds'....you would be the one presenting your case.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #58
                            Hello there,I hope you're all well. Just a very quick question: I've just received a signed copy of a letter from my nurse who was the expert witness. Do I send that to the court or wait to hear from them. I've heard nothing since sending off the directions questionnaire and sending a copy of it to the claimants. I want asked our directed to send the written witness statement to or by the court but in around 10 days I'm pretty sure the claimants time to defend my counter claim will be up?

                            Comment


                            • #59
                              If it was me, I'd hold fire until the other party's defence to counterclaim is filed.
                              If the nurse's evidence is on paper only (ie not intending to be present at the hearing, it can be added to your witness statement at Direction Questionnaire stage (& in a skeleton argument, should you feel the need of one.)
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment


                              • #60
                                When you say directions questionnaire stage, do you mean sending back the form? Because that went back over a week ago. It didn't ask to attach anything, just a tick box whether or not I want to use written expert witness evidence. There was no request or instructions on sending evidence to anybody- the court or claimant. It only said send a copy of the directions questionnaire to the claimants too. I've sent nothing at all other than the questionnaire back to the court.

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse
                                No announcement yet.

                                Court Claim ?

                                Guides and Letters



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Loading...
                                Working...
                                X