Dear All,
Forgive my impatience I have been reading various posts on here and have already mentioned my query in reply to a couple of old posts - all this before reading the instructions sorry!
Could anyone please offer advice on the following. I have recently issued a claim against a bailiff company for unlawful fees through moneyclaim online. The claim was sent to the small claims track. I have already done the obvious letters to the Bailiff and Council etc - formal complaints - all to no avail. The unlawful fees were charged during the collection of a PCN which I paid without a breakdown and before challenging.
The bailiffs solicitor has written saying this should not have been allocated to the small claim track. He states that there is a Statutory procedure (N4) and that if I do not withdraw my claim he will get it struck out on this basis and a costs order against me for unreasonable behaviour for not withdrawing the claim and taking it through the Statutory process.
I cannot find anything online that states an N4 is the only remedy available to me or that it is mandatory. However, neither can I find any case law or precedence that says I have a right to make the claim in the small claims court. Can anyone help me with a good argument? I have a feeling I am going to need it for the Judge as this chap sounds very convincing.
Forgive my impatience I have been reading various posts on here and have already mentioned my query in reply to a couple of old posts - all this before reading the instructions sorry!
Could anyone please offer advice on the following. I have recently issued a claim against a bailiff company for unlawful fees through moneyclaim online. The claim was sent to the small claims track. I have already done the obvious letters to the Bailiff and Council etc - formal complaints - all to no avail. The unlawful fees were charged during the collection of a PCN which I paid without a breakdown and before challenging.
The bailiffs solicitor has written saying this should not have been allocated to the small claim track. He states that there is a Statutory procedure (N4) and that if I do not withdraw my claim he will get it struck out on this basis and a costs order against me for unreasonable behaviour for not withdrawing the claim and taking it through the Statutory process.
I cannot find anything online that states an N4 is the only remedy available to me or that it is mandatory. However, neither can I find any case law or precedence that says I have a right to make the claim in the small claims court. Can anyone help me with a good argument? I have a feeling I am going to need it for the Judge as this chap sounds very convincing.
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