Claim against me is moving to Small Claims Track

[Brian Birch]

My first post, this is somewhere I never imagined I would end up. I have no legal knowledege whatsoever.
Someone is claiming against me using Moneyclaims online
I did have someone to write up my inital defence. Now I have received an N180 form.
If I do not agree to the mediation service, does this mean I would have to attend a hearing?
Unfortunately I do not believe I have enough information about the claim, to enter into negotioations.
Part of my defence was to ask for more information as to exacty what is being claimed for.

[ostell]

I believe one of the questions for mediation is "do you have sufficient informaton/documents? A No to that means no mediation. You would have to go to a hearing anyway if mediation failed.

Is this a business claiming against you? Then a SAR to them to extract information.

[Brian Birch]

I believe one of the questions for mediation is "do you have sufficient informaton/documents? A No to that means no mediation. You would have to go to a hearing anyway if mediation failed.

Is this a business claiming against you? Then a SAR to them to extract information.

Hi, thanks for responding.
It is an individual. I have phoned the county court, on that 0300 number, they say I can request more info from them directly, I know they won't respond to that.
I did request it in my defence. I guess I could agree to the mediation even if it fails?
The thought of going to court scares the heck out of me, as the claiment will most likely present, some form of detail or witness statement.

[Celestine]

If you read our First Steps guide, you will see that you can send CPR31.14 requests to get the information. The defence is not the place to ask for it, it is the place to say you have asked for it. I don't think the Judge will be harsh on this point but it certainly would not hurt to send off the request.
Yes, the N180 is directions for the court to allocate the case correctly. It could mean a hearing in the future, yes. You can submit a witness statement before such a hearing to set out a clearer picture.

[ostell]

Small claims court is not scary. It's a room in court building that is not as big as the main court you tend to see on TV. It's basically 3 desks, the bigger on is for the judge.

The claimant is obliged to provide their witness statement a few weeks before the actual hearing, with a copy to you so you know what he is going about. Act on that suggestion of a CPR 31.14 request, there is a template on this page in the Shortcuts panel. This is a template so you will not need alll that is in there.

If they do not respond to that then you bring this up in court via your witness statmement.

[Brian Birch]

Small claims court is not scary. It's a room in court building that is not as big as the main court you tend to see on TV. It's basically 3 desks, the bigger on is for the judge.

The claimant is obliged to provide their witness statement a few weeks before the actual hearing, with a copy to you so you know what he is going about. Act on that suggestion of a CPR 31.14 request, there is a template on this page in the Shortcuts panel. This is a template so you will not need alll that is in there.

If they do not respond to that then you bring this up in court via your witness statmement.

Hi,
Thank you both for responding.
Sorry, but am I correct in thinking I can't use a CPR request, as its now allocated to the small claims track?.
It appears they have a witness statement regarding the actual problem (which is a plumbing leak), but this still won't provide me with any detail as to the claim, they are looking for 8k in remedial works

[MIKE770]

CPR now

[Brian Birch]

CPR now

Thanks,
So I can still use this, despite having just sent the N180 forms?
There are no solicitors involved, so would I send the CPR direct to the claimant?

[MIKE770]

whoever issued the claim

[ostell]

If you have not responded to the direction Questionnaire then they case may not have been allocated to track, though Small Claims track is probable, the a CPR 31.14 request is still valid as there ha been no allocation to track. Do it now befroe you get the track allocation.

[Brian Birch]

If you have not responded to the direction Questionnaire then they case may not have been allocated to track, though Small Claims track is probable, the a CPR 31.14 request is still valid as there ha been no allocation to track. Do it now befroe you get the track allocation.

Thanks,
I've just sent the qustionniare, unfortunately for me, but then I guess that means its not allocated yet?

[Celestine]

It’s not allocated yet no, but it will be in a few weeks. Everything’s slower because of Covid delays.

[Brian Birch]

Thanks again everyone.
The claimant refused to respond to the CPR, as we have filled in the N180 forms. Refusing to correspond with me unitil the hearing now, whenever that will be.

[Celestine]

Ok, that could bite them badly later on if you’re genuinely unaware of the nature and validity of the claim. Even though 31.14 does not apply to small claims, they must to use appropriate evidence to support their claim.
What time of organization is the Claimant?
Consider the advice from post #2 about sending a SAR.

[Brian Birch]

The claimant is an individual. I am assuming some form of detail will be sent to me before any hearning. The claim is not specific enough for me to respond to.
Unfortunately I just can't really quote the details of it for public viewing.