Bought a faulty car. Small claims court?

[Pezza54]

You can start your claim using MCOL It's meant to be quicker and simpler than paper claims and saves costs of postage
A claim is normally allocated to the small claims track if it is under £10k including any interest but excluding court fees

[PussInBoots]

I have been going through MCOL. It has a section for a brief (PoC), however I cannot find where and how to submit supporting documents (time line, email trails, Independent report).
Is this something that can be submitted later?

Thanks

[Pezza54]

Yes when you write your witness statement. You should cross reference evidence, called exhibits, to your witness statement

[PussInBoots]

ok, within MCOL, I could only see PoC mentioned. Wasn't sure if witness statement and evidence should be mentioned within the PoC, if it is requested at a later date.

[Pezza54]

No need to mention your witness statement. When you receive a court order setting the hearing date you will be directed to exchange and file witness statements and provided with a deadline

[PussInBoots]

ok, so the proof, evidence and reports are requested later on. That's the part I was not sure about. I don't want to submit anything without handing in my evidence.

[PussInBoots]

Hi. Q. in MCOL, in the beginning, there is a section ' Briefly explain your claim

Tell us why you believe the defendant owes you money. '
Is this where you add the PoC, or does that come later? If that is later does this brief section just be a smaller duplicate of PoC?

[Pezza54]

Just provide very brief details of your claim and tick the box additional particulars of claim to follow.
When the claim is issued to the defendant you will have 14 days to send the defendant the full PoC
You should file form N215 but the business centre do not require a copy of the PoC
When you receive notice from the court that your claim has been transferred to the county court you have 5 days to file your PoC with the county court

[PussInBoots]

there is no option to tick a box... (see picture)

[Pezza54]

Please google MCOL Guidance for claimants and read "Step 5- Claim particulars" The third para states "you may also send particulars direct to the defendant" Tick this box

[PussInBoots]

Update: after filing the MCOL, the seller waited till the last day then requested an extension. Then last day of the extension responded. Still using delay tactics.
He responded with 'dispute all claims', he wrote a pack of lies. Then 'Willing to try Mediation = Yes'.

Q. I know that this is another delay tactic. If I choose not to go with mediation would this look bad on my part or not willing? Or is it best to try mediation to show the judge that I am still trying?

Thanks

[Pezza54]

Best to go with mediation to show the court you are trying to avoid litigation

[PussInBoots]

Update: I went with mediation. the seller didn't answer the mediators call. (delay tactics not surprising anymore) .


Q. Have to send supporting documents to the court. It mentions a 'Witness statement' from me. Is this just like just copying the PoC?

Thanks

[echat11]

Update: I went with mediation. the seller didn't answer the mediators call. (delay tactics not surprising anymore) .


Q. Have to send supporting documents to the court. It mentions a 'Witness statement' from me. Is this just like just copying the PoC?

Thanks

No, you need to provide a lot more details and the evidence to make your case.

https://legalbeagles.info/forums/for...ness-statement

If you get stuck, do ask.

[PussInBoots]

ok, thanks for that.
I also have Timeline of events, should this be in the Witness Statement or is that separate documents?