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Need help filling out an N181 form as the defendant

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  • Need help filling out an N181 form as the defendant

    I'm currently going through a case with a family member.
    they are claiming for £9,000 and have been very calculated in their behaviour.
    I disputed the claim, but have since made an offer without prejudice for the sum of £4,500.00 I have received no response from the claimant regarding this offer, and am now dreading filling out the N181 form as it's quite confusing.
    I'm unsure as to what pre action protocols i must follow as this is a family matter and not a business case, also information online states I should discuss documentation etc with the claimant. I'm unsure what documentation it is I should be sending to the claimant.

    I would really appreciate some advice over this.

    Many Thanks
    Tags: None

  • #2
    Has the claim been provisionally allocated to the fast track? N181 is normally used for claims over £10k on the fast track.
    Is interest included in the claim value of £9k? If it is then your claim should have been provisionally allocated to the small claims track and form N180 used.
    There is an article on how to complete N181 at
    helix.law.co.uk/how-to-fill-out-your-directions-questionnaire/
    Much emphasis is placed on mediation and a party refusing to take part can be held liable for the other parties legal costs. So definitely agree to this and write to the claimant asking that the claim be referred to mediation with a mutually agreed mediator. On the fast track parties are usually represented by lawyers so legal costs can quickly mount up. Much cheaper to reach agreement at mediation.

    Comment


    • #3
      The claimant has said nothing about interest in the claim.
      as mentioned it's a family debt dispute.
      I've also looked on Helix law but not found it so helpful as that seemed more focused on the claimant. But maybe that's just how I read it.

      I've already written to the claimant offering a settlement fee to not waste court time and cause stress, with no response at all from the claimant.

      I'm also not sure what I need to send to the claimant.

      Comment


      • #4
        Without knowing the statements of case and evidence available it is difficult to answer your question. If and when the time comes your witness statement should contain your evidence.
        Make sure you are completing the right DQ. Did you make a counterclaim or is there another defendant party to the same claim?

        Comment


        • #5
          I'm making no counter claim and it's just myself and this family member. I just needed to know what I need to send to the claimant along with a copy of the N181 form.

          Comment


          • #6
            It might assist those tring to help you if you will say the particular parts of the form that are giving you difficulty.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              You should telephone the court as you may have been sent or asked to complete N181 by mistake.
              Asking a lay person to fill in a section about draft directions seems over the top for a £9k claim.

              Comment

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