Help with directions questionnaire N181

[Olliedog]

Hi I'm the claimant in a case with a company who owes me £12000. Im very confused with the form. Help! We are in different parts of the country where do I request my local court ?

[Peridot]

Re: Help with directions questionnaire N181

Hi,
I would put your local Court, as the defendant is a company the directions may well allocate your local court to deal with the claim and for any hearing.
However, usually if the claim is defended and for a fixed amount and where the defendant is an individual (not in this case I believe) then the court will transfer to the defendants local county court.
Hope that helps.

[ploddertom]

Re: Help with directions questionnaire N181

Small Claims limit is £10k. If they owe you more than this it may well be elevated to the Fast Track & please note you must be sure of your facts as you could fall foul of Costs.

[Olliedog]

Re: Help with directions questionnaire N181

Small Claims limit is £10k. If they owe you more than this it may well be elevated to the Fast Track & please note you must be sure of your facts as you could fall foul of Costs.

Yes sorry I have applied through the fast track.

[ploddertom]

Re: Help with directions questionnaire N181

Yes sorry I have applied through the fast track.

Good to hear you seem to be on the ball.

[Olliedog]

Re: Help with directions questionnaire N181

Good to hear you seem to be on the ball.

Except the directions questionnaire has got my head spinning! I just don't understand what it's asking me to do and I'm finding it so difficult getting any answers

[Amethyst]

Re: Help with directions questionnaire N181

Do you want to put your queries on the N181 on here and we'll try help you through them xxxx

[Olliedog]

Re: Help with directions questionnaire N181

Do you want to put your queries on the N181 on here and we'll try help you through them xxxx

Brilliant ! Thanks

ill give you the basics of the claim. A car dealer gave me a cheque for a returned faulty car which bounced. After weeks of him saying he would pay me he didn't. It's very simple to me. I sent bank transfer from my account to his and He wrote the cheque in my name ,and his defence is he had no dealings with me?? ( I believe he is playing the system for time to wind up his company)

so my first querie is the defendant has not put an address on the back of the form.can he do this?
section A- the director has refused mediation through ombudsman and last contact on phone he was aggressive. Is this reason to say no to settle at this stage.
B2- how do I answer this.
the company is in Kent and we are opposite end of the country. How do I ask for local court, and is it crown court?
D4- what does this mean ( disclosure of what documents) what are directions. Is this the evidence I will produce.
G- how do I know how long the trial will last?
I- can I put here the fact that the claimant has lied about his defence and about his intentions to wind up his company.
J- directions - this is what really confuses me.

[Olliedog]

Re: Help with directions questionnaire N181

Hi amethyst did you get a chance to have a look at my queries. I need it in by next week.

[Amethyst]

Re: Help with directions questionnaire N181

Hiya

Okay working through...

A - mediation - yes you can say No to mediation - in reasons you can just say "The Defendant has refused to mediate previously"

B - You want to select your local COUNTY court - so if you put your postcode in the court finder https://courttribunalfinder.service....&spoe=continue you should find your nearest court OR hearing centre ( you don't want magistrates or crown court as they are for criminal cases ) In reason you want to put something like ' I am an individual and a litigant in person and the defendant is a company'

D4 + J - You want standard directions - I'll dig some up for you in a tic.

G - you don't but you could put an estimate of 1 hour to keep it simple.

I - No - just put No as you don't at this stage intend on making any formal application to the court. You can respond to his defence if you wish but not on this form, you would do that as a separate document, which you could send at the same time as the N181 but personally I would leave that for witness statements later - UNLESS he has made contrary allegations.


For Directions it will be standard for the moment (which I'm just getting).

Are there any expert witnesses / independent reports etc ? I'm guessing not as he already agreed liability when he wrote you the cheque that bounced.

[Amethyst]

Re: Help with directions questionnaire N181

Very basically this means you give each other a list of documents to do with the case by a certain date, then ask each other to view those documents, then each write a witness statement and include the documents/evidence relevant to your case, the you (as claimant) file a court bundle with all of that stuff in and any authorities required. It is probably even this reduced, overkill, but the court will write their own directions anyway.

You should try and agree directions with the other side, but I would guess that is a pointless exercise, so just put directions not agreed in the box.

Then directions should be attached.

Of course I know nothing about your case than what you have said on here so this is just an idea of what draft directions are really. You can be more specific ( eg if there are specific documents/evidences - eg copy of the bounced/returned cheque - any acceptance of liability in writing that you have ? etc )
-----------------------------------------------------------------------

In the Northampton CCBC County Court

Claim Number xxxxx

YOUR NAME

Claimant

v

THEIR NAME

Defendant

-------------------
DRAFT DIRECTIONS
----------------------

On ______________________ 2016 District Judge _________________ sitting at Northampton (CCBC) County Court, 4th Floor, St Katharines House, 21-27 St Katharines Street, Northampton NN1 2LH
Ordered that;

1: The claim is allocated to the Fast Track.

2: Disclosure of Documents will be dealt with as follows
a) By _______________ on ___________________ both parties must give each other standard disclosure of documents lists
b) By ______________ on ____________________ any request to inspect the original of, or to provide a copy of, a disclosable document must be made.
c) Any such request, unless objected to, must be complied with within 14 days of the request.

4. Evidence of fact will be dealt with as follows;
a) By ________ on ______________ both parties must serve on each other copies of the signed statements of themselves along with any evidence on which they intend to rely.

5. No permission is given for expert evidence. ( Unless you do have experts of course !!)

6. The claimant shall lodge an indexed bundle of documents contained in a ring binder and with each page clearly numbered, and a case summary of no more than 250 words, at the court not more than 7 days and not less than 3 days before the start of the trial.

[Olliedog]

Re: Help with directions questionnaire N181

So I'm still a bit confused. That bit you put about directions above? Is that what the court will send me. The court has sent me a blank form no dates etc on it

I have loads loads of evidence . Emails bank statements etc. Wher do I put these? Do I have to send the defendant copies at this point or will the court decide this once they've received my questionnaire.

- - - Updated - - -

So if I say no to directions agreed, do I just file all of my evidence to the court and not the defendant ?

[Amethyst]

Re: Help with directions questionnaire N181

You complete the directions questionnaire ( http://s3-eu-west-1.amazonaws.com/hm...r/n181-eng.pdf ) - I think the only bits you were stuck on are here http://legalbeagles.info/forums/show...572#post679572 - for section I it is asking for draft directions so you can just use basic standard directions - you send that to the court then they issue an order for directions once they have sent the case over to your local court. It's at that point you would send any lists of documents/evidences in following the directions that are issued by the court.

So if I say no to directions agreed, do I just file all of my evidence to the court and not the defendant ?

No you would send to both defendant and court, but you don't send anything yet - Just the directions questionnaire and draft directions - then wait for the court to send out an order.

[Olliedog]

Re: Help with directions questionnaire N181

I see.
In B2 it asks is there any reason why your claim needs to heard at a court or hearing centre. When would you say no.?
finaly in I- any other information . Can I put here that the day after I sent the dealer his letter before action, he opened a new company, which i believe is to wind up the current company to avoid paying me.

[Olliedog]

Re: Help with directions questionnaire N181

Sorry to sound really thick, but what are basic directions and do I just put them on a separate sheet of paper with the questionnaire or do I fill in another form for this?