Small Claims claimant - advice on what happens next??

[Claret]

Please can anyone help as advice on official GOV or MOL websites not clear!


We submitted our claim online with only brief details (given the limited word count). By return we received acknowledgement via paper form. We have now received a copy of the defence along with a DQ that only seems to require us to complete to reject mediation and ask for it to be allocated to court.


At what point do we need to submit any evidence to support our claim....because at this point it looks like we have submitted a short limited claim outline and she has been able to submit a 6 page waffle of a defence!!


Do we just prepare our documentation for the court hearing or will we receive further directions as to what we need to submit and when by?


Thank you in advance

[Diana M]

Re: Small Claims claimant - advice on what happens next??

What is the claim for?

Di

[ostell]

Re: Small Claims claimant - advice on what happens next??

You can provide a response to the defence they submitted, showing how incorrect their statements are, and you can also submit a witness statement that shows the event leading up to the claim.

[Diana M]

Re: Small Claims claimant - advice on what happens next??

We submitted our claim online with only brief details (given the limited word count). By return we received acknowledgement via paper form. We have now received a copy of the defence along with a DQ that only seems to require us to complete to reject mediation and ask for it to be allocated to court.

At what point do we need to submit any evidence to support our claim....because at this point it looks like we have submitted a short limited claim outline and she has been able to submit a 6 page waffle of a defence!!

Do we just prepare our documentation for the court hearing or will we receive further directions as to what we need to submit and when by?

The defendant has filed their Defence. It may be "waffle" to you but it's up to a judge to decide whether that's the case or not (no offence intended ).

From what you say NCCBC/MCOL have served the Defence on you making you aware that you have 28 days to inform them if you intend to continue with these proceedings.

If you don't do that then your claim will be automatically stayed until such time as you make an Application to the court to lift the stay.

However I'm guessing that you have already informed the court that you want to continue which is why the Defendant/you have been sent a DQ (please correct me if I've misunderstood).

At the DQ stage both Claimant/Defendant can tick the box for Mediation. If both parties select that option then the Mediation Service will endeavour to arrange a telephone session to resolve the issue.

If Mediation doesn't go ahead (the SCMS have a target of 28 days to do this) or fails then the case will be transferred to the Defendant's local county court.

Then you (and the Defendant) will be sent a Notice of Allocation/Hearing which will give Directions as to when Witness Statements/Evidence must be filed at court and served on the other party.

I previously asked what the claim is for in case this may necessitate expert witness reports etc.

Di

[Diana M]

Re: Small Claims claimant - advice on what happens next??

We submitted our claim online with only brief details (given the limited word count). By return we received acknowledgement via paper form. We have now received a copy of the defence along with a DQ that only seems to require us to complete to reject mediation and ask for it to be allocated to court.

At what point do we need to submit any evidence to support our claim....because at this point it looks like we have submitted a short limited claim outline and she has been able to submit a 6 page waffle of a defence!!

Do we just prepare our documentation for the court hearing or will we receive further directions as to what we need to submit and when by?

You refer to the claim having been made by "we".

Has this claim been issued by a limited company or on behalf of two people etc?

Di