Particulars of Claim - How do I set it out?

[Ms Anonymous]

Hi all,

Just wondering how long it takes for the claim form to be processed?

[des8]

The claim should be issued within 2 working days from the date you submit the claim and you should be posted a notice confirming the issue date. You can also check the issue date by logging into your MCOL account and accessing the ‘Claim Overview’.

[Ms Anonymous]

des8 what if the claim was submitted via paper form?

[des8]

The court process claims on the same day that the N1 is filed and the claim is deemed to be issued on that day. The claim is posted by first class post to the Defendant within three days and is deemed to be served within two working days of posting. Bank holidays are taken into account as are weekends.
After the proceedings are served
The Court allow fourteen days from service for the Defendant to respond. If the Defendant forwards an Acknowledgement of Service and indicates that the claim will be defended, twenty eight days from the date of service is allowed for the Defendant to file the defence.

However the courts are notoriously slow, so you may not receive confirmation that your claim has been served for sometime you could try ringing.

Was there any special reason for not using MCOL?

[Ms Anonymous]

The claim was submitted last Monday and I have not recieved any notification yet.

Paperfrom was submitted due to EX160.

[des8]

I'd leave it another week before contacting the court

[Ms Anonymous]

Hi all,

just to update you, the matter has now proceeded to court and there is a hearing date next month. I opted for mediation before the hearing but heard nothing back so assuming defedant didnt wish to have mediation. In the process of drafting witness statement.

Does anyone know what kind of questions the Judge will ask at the hearint and how I should respond ect. First time being in court. Alternatively, anyone know where I can find a solictor and what the fees may be?

Is it worth representig myself or getting a solictor?

If the defedant fails to submit w/s in time or doesnt attend, do I win?

Thanks

[Amethyst]

What was his defence?

Your witness statement will be along the lines of your original draft of your claim ( post #8 ) with exhibits ( invoices, the adverts etc ) attached

The Judge will ask questions based on the claim, defence and witness statements.

If the other side doesn't submit their witness statement then the case does continue however they shouldn't be able to rely on their witness statement or exhibits at the hearing. If the other side doesn't attend then it is more likely that you'll win, as the judge will only have your side of the story to go on, but it's not a done deal.

You can represent yourself - there's no need to have a solicitor unless you really think you will go to pot. I did a very brief post about what to expect at a small claims hearing here - https://legalbeagles.info/forums/for...-court-hearing but ask any questions you like xx

des8 xx

[Ms Anonymous]

Amethyst Hello thanks for your reply.

Thier defence was that it was a second hand engine and that there was no warranty with the engine. Which they have contradicted themseleves as they confirmed there was a 30 day warranty which I fell outside of therfore I am not entitled to a replacement or refund. They also offered a partial refund then stated they do not accept liability.

Thats brill i’ll check it out. Thanks

[des8]

nothing more to add, but you may like to post up your WS for checking before filing it.

[Ms Anonymous]

Sorry just seen this message now. WS has been filed. It was sent via recorded delivery. The defedant has changed address but this has not been filed with companies house. I found this out via thier facebook page. Do I re-send this the new address?

[des8]

CPR 6.24 Where the address for service of a party changes, that party must give notice in writing of the change as soon as it has taken place to the court and every other party.

If they haven't notified Companies House, The Court or yourself you must assume the address for service remains unchanged.
Seeing on Bookface the workplace has changed doesn't mean their registered address has changed.

[Ms Anonymous]

des8 thanks for your reply. Nope I have not been notified of any change of adress. I’ll leave it and wont send another copy to the new address. If they do not serve thier witness statement on time, do I raise this with the court? Deadline is tomorrow.

[des8]

If they don't send you a copy of a WS but file one at court raise it at the time of the hearing.

The difficulty is that the judge has very wide powers over how the case is conducted
The defendant should not be able to rely on their WS (if any) at the hearing if you were not served a copy, and hopefully it will rile the judge!

There is no general requirement in the small claims court for a party to provide a witness statement (but in this case I believe it was ordered by court) If a party does prepare a witness statement they must send a copy to the court and their opponent before the hearing.

I personally wouldn't raise the matter until the hearing, but others will probably have the opposite opinion

[Ms Anonymous]

Just an update, had a court hearing, the DF failed to turn up. The judge allowed in my favour as DF should have informed courts of change of address and also failed to serve witness statement. Judge has given DF until 21.06.19 to pay the full amount. My concern is as they have changed address and have failed to notify courts, they wont receive a copy of the order therefore will not pay by 21.06.19.

Can I instruct county court bailiffs if they fail to pay?

How long does it take for a court order to be received?