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Help with directions questionnaire N181

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  • #16
    Re: Help with directions questionnaire N181

    B2 Say Yes and put your local court.

    You'd say No if you weren't bothered where the hearing was ( eg you're a massive company with access to a lot of duty solicitors who can show up anywhere)

    In I - probably not as it's just supposition. Is there any sign of him winding up his current company ? If you keep an eye on his Companies House Documents if it does come up with any proposal to strike off the company you can object due to the on going litigation. But no you wouldn't put that in this directions Questionnaire ( you could include it in your witness statement, but only factually - ie date he opened new company etc )

    The basic draft directions are these - and just print them out on a sheet of paper and attach them to the direction questionnaire - the blank bits are for the court to fill in timetable wise - you can put the dates in if you want to ( usually leave 14 days between each section).



    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.

    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.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #17
      Re: Help with directions questionnaire N181

      So am I right in thinking that on this whole form there is no mention of the actual case or evidence.
      so I send him a copy of the directions questionnaire? He didn't put an address on his defence form.

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      • #18
        Re: Help with directions questionnaire N181

        Use the address you used for service of the claim form.

        He will also have a directions questionnaire btw, and SHOULD send you a copy of his completed form.

        And no, the directions questionnaire isn't really about the case, it's more telling the court how to deal with the case, practically.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        • #19
          Re: Help with directions questionnaire N181

          What happens if he doesn't send me a copy

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          • #20
            Re: Help with directions questionnaire N181

            In reality not a lot, however if he fails to complete his and return it to the court by the deadline he does risk having his defence struck out, again, in reality, he will be given more time to do it (likely 7 days) and get it in, but if he just ignores it the ultimate consequence is his defence being struck out.


            Once the case is allocated and directions given you will likely get a hearing date letter and a request to pay the hearing fee. Fast track cases are £545. https://formfinder.hmctsformfinder.j...k/ex50-eng.pdf

            You can get that fee refunded if the case is settled/concluded/discontinued at least 7 days before the hearing - otherwise it is added to the costs ( which hopefully would be ordered against the other side when you win )
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

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            • #21
              Re: Help with directions questionnaire N181

              I started the claim with mcol and paid over £500 do I have to pay again?

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              • #22
                Re: Help with directions questionnaire N181

                Yes I'm afraid so, it really isn't made clear when you start a claim that there will later be a hearing fee as well. I do think it is unfair the sliding scale stops for fast track claims but then I think most court fee's have become incredibly unfair in the last couple of years.

                I just checked the refund policy and it does differ for fast track so if you agree settlement or discontinue before the hearing this is the timetable for refund...
                Fast track, multi track or non-money claim hearing
                You could get a refund of some or all of the hearing fee if you notify the
                court in writing that the case is settled or discontinued. The following
                amounts will be refunded where the court is notified:

                more than 28 days before the hearing, 100% of fee;

                between 28 and 15 days before the hearing, 75% of fee;

                between 14 and 7 days before the hearing, 50% of fee;

                fewer than 7 days before the hearing, no refund
                Of course anything not refunded can go in your costs schedule when negotiating ( though I suspect you are expecting this to go to hearing )
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

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                • #23
                  Re: Help with directions questionnaire N181

                  Yes it's so frustrating as I know he's just playing a game. I thought that the courts would see the evidence that his defence is just a lie to buy time, and would not get to court at all. He did the same thing in April when someone took him to court for £15000. He was forced to wind up and reopened in the company I'm now pursuing.

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                  • #24
                    Re: Help with directions questionnaire N181

                    Originally posted by Olliedog View Post
                    Yes it's so frustrating as I know he's just playing a game. I thought that the courts would see the evidence that his defence is just a lie to buy time, and would not get to court at all. He did the same thing in April when someone took him to court for £15000. He was forced to wind up and reopened in the company I'm now pursuing.
                    Can I request small claims? I read somewhere that even claims over £10000 could sometimes be directed there? How would I request this and how does a case qualify ?

                    Comment

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