Time to Reply to County Court Claim
Discussion
I have recently received notification of a County Court Claim against me, the same with an issue date of 1 March 2018. Upon notification, I notified the court via email, that I had not received the original court's sealed Claim, and could the court re-issue the Claim. The court's reply in part is "the date of service is taken as 5 days after the issue date 1 March 2018.
It is my intentions to defend the Claim, and subject to my solicitor's advice to possibly issue a counterclaim. Since my solicitor is not on my home turf, therefore not always easy to make contact with via phone, I would appreciate help with the following questions;
Are the days referred to "working days", or "calendar days", and so from the above do I have until 20 March to Acknowledge Service of the Claim.
As i mentioned I intend to defend the Claim, and subject to talking to my solicitor, possibly issuing a counterclaim. On the acknowledgement of service form, it states if the defendant intends to defend or counterclaim, then complete the defence form. And if you need 28 days to defend (nothing about counterclaim), then complete the acknowledgement form. So must I complete the defence, counterclaim form within 14 days or 28 days.
The Court's jurisdiction on the Claim is outside of my home turf, and i believe i read on HMCS's web site, that the court hearing is automatically transferred to the home turf of the Defendant. Is that correct, or does the Defendant have to request the transfer.
It is my intentions to defend the Claim, and subject to my solicitor's advice to possibly issue a counterclaim. Since my solicitor is not on my home turf, therefore not always easy to make contact with via phone, I would appreciate help with the following questions;
Are the days referred to "working days", or "calendar days", and so from the above do I have until 20 March to Acknowledge Service of the Claim.
As i mentioned I intend to defend the Claim, and subject to talking to my solicitor, possibly issuing a counterclaim. On the acknowledgement of service form, it states if the defendant intends to defend or counterclaim, then complete the defence form. And if you need 28 days to defend (nothing about counterclaim), then complete the acknowledgement form. So must I complete the defence, counterclaim form within 14 days or 28 days.
The Court's jurisdiction on the Claim is outside of my home turf, and i believe i read on HMCS's web site, that the court hearing is automatically transferred to the home turf of the Defendant. Is that correct, or does the Defendant have to request the transfer.
I can't help with the timescales, but when I had a claim against me, it was transferred to the local courts, so I think you are correct in that case.
my advice is to phone the courts and speak to someone, I did and the lady was very helpful, far more helpful than my own insurance company.
In the conversation, she picked up on something I said, asked me some more details about it and it meant that the claim against me went away as the insurance company had actually done something, the other side had missed the paperwork to say it was done.
May not be fully the same as you, but talking to her saved me grief and a day in court that would have ended stupidly wasting their valuable time.
my advice is to phone the courts and speak to someone, I did and the lady was very helpful, far more helpful than my own insurance company.
In the conversation, she picked up on something I said, asked me some more details about it and it meant that the claim against me went away as the insurance company had actually done something, the other side had missed the paperwork to say it was done.
May not be fully the same as you, but talking to her saved me grief and a day in court that would have ended stupidly wasting their valuable time.
Service is assumed 5 days after the day of issue and you have 14 days to enter a defence (19 days in total, not working days, all days) if you complete the acknowledgement of service you get an extra 14 days taking it to 33 days total. If you don’t at least acknowledge service the other side can apply for a default judgement (and that would be today).
The Rookie said:
Service is assumed 5 days after the day of issue and you have 14 days to enter a defence (19 days in total, not working days, all days) if you complete the acknowledgement of service you get an extra 14 days taking it to 33 days total. If you don’t at least acknowledge service the other side can apply for a default judgement (and that would be today).
Thank you for your reply, the above was also confirmed from my solicitor by electronic mail today. jesta1865 said:
I can't help with the timescales, but when I had a claim against me, it was transferred to the local courts, so I think you are correct in that case.
my advice is to phone the courts and speak to someone, I did and the lady was very helpful, far more helpful than my own insurance company.
In the conversation, she picked up on something I said, asked me some more details about it and it meant that the claim against me went away as the insurance company had actually done something, the other side had missed the paperwork to say it was done.
May not be fully the same as you, but talking to her saved me grief and a day in court that would have ended stupidly wasting their valuable time.
.my advice is to phone the courts and speak to someone, I did and the lady was very helpful, far more helpful than my own insurance company.
In the conversation, she picked up on something I said, asked me some more details about it and it meant that the claim against me went away as the insurance company had actually done something, the other side had missed the paperwork to say it was done.
May not be fully the same as you, but talking to her saved me grief and a day in court that would have ended stupidly wasting their valuable time.
Thanks for your reply.
You really aren't helping yourself by leaving it until the very last day to enter a contest for this are you? Are you going to deliver it in person?
I'm not attacking you, but if your paperwork arrives too late and a default judgement is issued because you were too late, please don't moan about it on here.
I'm not attacking you, but if your paperwork arrives too late and a default judgement is issued because you were too late, please don't moan about it on here.
corozin said:
You really aren't helping yourself by leaving it until the very last day to enter a contest for this are you? Are you going to deliver it in person?
I'm not attacking you, but if your paperwork arrives too late and a default judgement is issued because you were too late, please don't moan about it on here.
If the claim was issued through Money Claims Online, he can log in and enter the acknowledgement of service that way. I'm not attacking you, but if your paperwork arrives too late and a default judgement is issued because you were too late, please don't moan about it on here.
Even if it wasn't, he can email a scanned copy of the A of S form to the County Court Money Claims Centre.
In reality, even if the other side applied to enter judgment in default at 9am tomorrow, it wouldn't be processed for probably a week or so. As long as the A of S shows on file at the time the request for judgment comes to be processed, the request will be bounced back.
1, Immediately file and serve the acknowledgement of service "AOS" (I trust there is an email address for the Claimant if this is an MCOL which I assume it is by T+5 for service, at which point that is valid for serving the AOS upon)
2. A claim will be moved to your home court if you are not being sued as a business at which point it may depend upon whom is issuing the claim
3. When you file the AOS this gives you a further 14 days to file and serve your defence and counterclaim,
2. A claim will be moved to your home court if you are not being sued as a business at which point it may depend upon whom is issuing the claim
3. When you file the AOS this gives you a further 14 days to file and serve your defence and counterclaim,
Jasandjules said:
1, Immediately file and serve the acknowledgement of service "AOS" (I trust there is an email address for the Claimant if this is an MCOL which I assume it is by T+5 for service, at which point that is valid for serving the AOS upon)
2. A claim will be moved to your home court if you are not being sued as a business at which point it may depend upon whom is issuing the claim
3. When you file the AOS this gives you a further 14 days to file and serve your defence and counterclaim,
Many moons ago, We would regularly have had claims moved to the location of where the property was - ie landlord and tenant dispute. If Wings can keep it at his local home court then clearly that's less hassle for him but be prepared that it may be moved to where the property is as that where this issue occurred.2. A claim will be moved to your home court if you are not being sued as a business at which point it may depend upon whom is issuing the claim
3. When you file the AOS this gives you a further 14 days to file and serve your defence and counterclaim,
Thank you both Jasandjules and superlightr for your replies, I have recently had a spate of emails in answer to my emails, “I am presently away from my office desk, and I will be returning on 31 March”. Hence with short notice to reply to the Claim, I panicked and requested advice on PH.
I have fortunately received a n email reply from my solicitor, who has stated in part, that since the Claim is under £10k, a successful defence Claim will not always recover a Defendant’s legal costs. With the Claim being of a low value, it therefor falls on me to either defend the Claim without legal assistance, or to settle the Claim, I intend to do the former.
Whilst having had some past experience of defending cases before the First-tier Tax Tribunal, I have never previously prepared a case before the Small Claims Courts. Is there available a template on how to set out the circumstances, facts and the defence of a Claimant’s claim. Thanks
I have fortunately received a n email reply from my solicitor, who has stated in part, that since the Claim is under £10k, a successful defence Claim will not always recover a Defendant’s legal costs. With the Claim being of a low value, it therefor falls on me to either defend the Claim without legal assistance, or to settle the Claim, I intend to do the former.
Whilst having had some past experience of defending cases before the First-tier Tax Tribunal, I have never previously prepared a case before the Small Claims Courts. Is there available a template on how to set out the circumstances, facts and the defence of a Claimant’s claim. Thanks
Wings said:
Thank you both Jasandjules and superlightr for your replies, I have recently had a spate of emails in answer to my emails, “I am presently away from my office desk, and I will be returning on 31 March”. Hence with short notice to reply to the Claim, I panicked and requested advice on PH.
I have fortunately received a n email reply from my solicitor, who has stated in part, that since the Claim is under £10k, a successful defence Claim will not always recover a Defendant’s legal costs. With the Claim being of a low value, it therefor falls on me to either defend the Claim without legal assistance, or to settle the Claim, I intend to do the former.
Whilst having had some past experience of defending cases before the First-tier Tax Tribunal, I have never previously prepared a case before the Small Claims Courts. Is there available a template on how to set out the circumstances, facts and the defence of a Claimant’s claim. Thanks
As an ex-solicitor we would always try to give to the court and other side a time line of the events.I have fortunately received a n email reply from my solicitor, who has stated in part, that since the Claim is under £10k, a successful defence Claim will not always recover a Defendant’s legal costs. With the Claim being of a low value, it therefor falls on me to either defend the Claim without legal assistance, or to settle the Claim, I intend to do the former.
Whilst having had some past experience of defending cases before the First-tier Tax Tribunal, I have never previously prepared a case before the Small Claims Courts. Is there available a template on how to set out the circumstances, facts and the defence of a Claimant’s claim. Thanks
Make is as uneventful or least contestable as possible.
List the dates, names and what issues are or if agreed.
Clearly the way its worded is important as you can gently put thoughts and ideas in the time line, it helps guides the court along the way you want them to think and proceed.
Ie
10.1.17 Saw advert from x firm for building works, also checked their website confirming "excellent quality" "total satisfatction" Link to website. attached advert.
11.1.17 Spoke to Mr X to ask him to quote. He sounded very nice and said he was experienced
15.1.17 Mr X visted and quotes for works - attached.
18.1.17 Discussed with Mr X his quote and agreed on xyx and opq for £x costs if Y happened or was needed. reassured me he was very experienced.
1.3.17 Work started. Contractors confirmed 9am start but turned up at 10am finished at 2pm
2.3.17 Contractors attended at 11am finished at 1pm as another urgent job
3.3.17 - 10.3.17 Contractors attended each day at 9am and left approx. 5pm
11.3.17 Contractors started at 9am but stopped at 11am when they broke xyz or
11.3.17 I contacted Mr X to confirm Y has happened
14.3.17 No response from MrX
17.3.17 Mr X called to confirm they would get Mr Y in to do whatever.
20.3.17 Mr Y did try xyz but did not work
just build up a time line, gentle guidance to the court they were experienced, they are the experts you relied upon etc. Then on the time line what happened and what you believed was agreed.
You can add flesh to the claim/defence in your main submission.
Highlight any failings of the other side, show yourself to be reasonable and sensible in your dealings. you went the extra mile to resolve,
I'm sure you will have thought about the above and may have one planned out - not teaching you to suck eggs of course. Keen to help if can.
Edited by superlightr on Wednesday 21st March 10:40
Edited by superlightr on Wednesday 21st March 10:42
Edited by superlightr on Wednesday 21st March 10:44
On Saturday I received notification from my solicitor, that due to a conflict of interest he was no longer able to act for me. Apparently the Claimant is a director of another company that the solicitor acts for.
Any way thanks to all who replied to my original post, I was able to both prepare and submit my Defence papers.
The Claimant is a building consultant, and believing that I have a case for a Duty of Care failure against that same person, I commissioned a building surveyor to carry out a full survey of the property, and to submit a report on the same.
When submitting my Defence papers, I did not submit a counterclaim, instead preferring to await the building surveyor's report, which I now have to hand.
I have also just received from the Courts, the "Notice of Proposed Allocation to the Small Claims Track" documents, the same briefly asking if I consider the case is not suitable for the small claims track, and do I agree with the case being referred to the Small Claims Mediation Service?
This present Claim is an irritant to me, one that I would readily settle, but would not want the same, or the above Mediation track, to jeopardise any future claim of Duty of Care failure against the building consultant.
Lastly, I have found a London based QC for legal advice, the last time that I needed the services of a QC, re Commons Registration Act 1965, i needed for that meeting to be in the company of a solicitor, is that applicable today?
Any way thanks to all who replied to my original post, I was able to both prepare and submit my Defence papers.
The Claimant is a building consultant, and believing that I have a case for a Duty of Care failure against that same person, I commissioned a building surveyor to carry out a full survey of the property, and to submit a report on the same.
When submitting my Defence papers, I did not submit a counterclaim, instead preferring to await the building surveyor's report, which I now have to hand.
I have also just received from the Courts, the "Notice of Proposed Allocation to the Small Claims Track" documents, the same briefly asking if I consider the case is not suitable for the small claims track, and do I agree with the case being referred to the Small Claims Mediation Service?
This present Claim is an irritant to me, one that I would readily settle, but would not want the same, or the above Mediation track, to jeopardise any future claim of Duty of Care failure against the building consultant.
Lastly, I have found a London based QC for legal advice, the last time that I needed the services of a QC, re Commons Registration Act 1965, i needed for that meeting to be in the company of a solicitor, is that applicable today?
Instructing leading counsel for a small dispute of this kind is unreasonable, and therefore you won't recover the costs of doing so even if you succeed in the claim. Some barristers work on a direct access basis, but those who do not have to be instructed through a solicitor, and few barristers conduct litigation without a solicitor being involved.
I suggest that you find a new solicitor and be guided by him or her rather than asking for advice on a car forum.
I suggest that you find a new solicitor and be guided by him or her rather than asking for advice on a car forum.
PS: If you do not advance your counterclaim and the claim against you goes to judgment, then win or lose you would be at risk of not being able to make a claim later. This is because of a principle derived from an old case called Henderson v Henderson. Take insured legal advice asap.
Breadvan72 said:
Instructing leading counsel for a small dispute of this kind is unreasonable, and therefore you won't recover the costs of doing so even if you succeed in the claim. Some barristers work on a direct access basis, but those who do not have to be instructed through a solicitor, and few barristers conduct litigation without a solicitor being involved.
I suggest that you find a new solicitor and be guided by him or her rather than asking for advice on a car forum.
That same advice was offered to me by my recent solicitor, and why I was defending this small claim myself.I suggest that you find a new solicitor and be guided by him or her rather than asking for advice on a car forum.
If I do have a case against the building consultant, then the claim may be in the order of between a five to six figure sum.
Thank you for your advice, I will be speaking to a local, Bristol based solicitors tomorrow.
Breadvan72 said:
PS: If you do not advance your counterclaim and the claim against you goes to judgment, then win or lose you would be at risk of not being able to make a claim later. This is because of a principle derived from an old case called Henderson v Henderson. Take insured legal advice asap.
Maybe not relevant to the OP's case but a couple of interesting articles re Henderson v Henderson.http://www.hardwicke.co.uk/insights/archive/articl...
http://www.hardwicke.co.uk/insights/articles/is-th...
Absent some mega point of law, instructing a QC for a money claim worth five figures or low six figures would usually be regarded as unreasonable when costs are assessed by the Court. Costs will be assessed first at the costs budgeting stage when the court makes a provisional finding as to the level of costs that will be allowed to the receiving party at the end of the case, and later after judgment, either by the judge on the spot in a short and simple case, or by a specialist costs judge in a longer/more complex case.
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