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tdlawyer
tdlawyer, Lawyer
Category: Law
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Experience:  11 years experience of general practice.
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How do I fill in n181 form for small claims court? Can I submit

Resolved Question:

How do I fill in n181 form for small claims court? Can I submit the details in a simple leer form?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

Customer: Have you seen my question?
tdlawyer :

You must complete the Directions Questionnaire in Form N181. You cannot do this in a simple letter.

tdlawyer :

How much is your claim worth?

Customer: £196660.00
tdlawyer :

Then why do you think that will be a small claims matter?

Customer: Can I enclose all the email and SMS exchanges along with n181
Customer: Sorry, amount is £19,660.00
tdlawyer :

Okay, still too much for the small claims court.

tdlawyer :

Anything over £10k is out of the small claims system.

tdlawyer :

Your claim would be a fast-track claim.

tdlawyer :

You should complete N181 on the basis of it being a fast-track claim.

tdlawyer :

You don't need to submit any evidence, such as emails, text etc., yet.

Customer: Yes, I got that. They have sent me the letter saying it will e fast track.my problem is the n181 doesn't give me chance to put my case properly
tdlawyer :

The ONLY purpose of the Form N181 is to help the Court understand how to manage the case to trial.

tdlawyer :

You do NOT argue your case in the N181.

tdlawyer :

Once you complete the form, and send it back to the Court, the Court will tell you what you need to do next. It will tell you, for example, that both parties need to list all of the documents (such as emails, text messages etc.) that you have which are relevant to the claim. It will then tell you to exchange evidence by witness statements etc.

tdlawyer :

So you're not arguing your case yet. It's far too early for that.

Customer: When I look at n181, it looks like just box ticking exercise. Is that right?
Customer: What is Pre action protocol?
Customer: What ared1 applications
tdlawyer :

Yes, mainly tick box.

tdlawyer :

Pre-Action protocols are here: http://www.justice.gov.uk/courts/procedure-rules/civil/protocol

tdlawyer :

Check to see if there is one that suits your type of case.

Customer: But it does mention disclosure of electronic documents undercase management information
tdlawyer :

Applications - these are ancillary requests you make of the court for orders.

tdlawyer :

Electronic documents - emails etc., it's asking what type of disclosure directions you might need to address these issues.

tdlawyer :

To be honest, you're probably just best asking for standard disclosure.

tdlawyer :

You don't need to worry about the electronic disclosure questions because you're not a multi-track claim.

tdlawyer :

D4 - Non-electronic disclosure is relevant to you though.

tdlawyer :

Most people just put "Standard Disclosure" in this box.

Customer: I am not planning to bring witnesses or experts as my case is clear. But under management information it asks me if I have reached agreement. I have not!
tdlawyer :

Then say you haven't.

tdlawyer :

Again, it's only so the Court knows what the case is about and what you've tried to agree etc. beforehand. It's really about how long the Court needs to consider things with you when (or if) it calls a hearing to give you directions what to do next.

Customer: Under other information it asks if I intend to make any application in future
tdlawyer :

If you don't intend to make any, and by the sounds of it, you don't, then just say that.

Customer: So, let me get it:
Customer: I fill in n181 which is pretty sketchy and thin on information, standard disclosure, I ask for no specific court, do my Pre action protocol fom the website you suggested. And send it off.
Customer: Do I send to anyone else?
tdlawyer :

You send it to the other side too. But the most important thing is to make sure you send it to the Court by the deadline in the Notice of Proposed Allocation that came with the DQ.

tdlawyer :

The DQ is more complex when you get a lawyer - they have to do extra things, but you don't do this as a litigant in person.

tdlawyer :

You don't have to answer questions, for example, about costs etc.

Customer: How can I agree directions with parties? Do I send copy of n181 to defendant
tdlawyer :

So yes, it does seem pretty sketchy I appreciate.

tdlawyer :

And again, you do much more with multi-track cases, but as you said, it seems like yours is fast-track as it's less than £25k.

Customer: What is Directions Questionnare ?
Customer: Is it just n181?
tdlawyer :

Form N181 is the Directions Questionnaire (or the "DQ")

tdlawyer :

Yes.

tdlawyer :

It is just the N181.

Customer: Why does DQ ask me to agree directions with all parties?
tdlawyer :

Because it assumes you know how to do this kind of thing, which of course, most people in your position do not. It's really for lawyers, but if you can still agree a proposed set of directions with the other side, then great, but as a litigant in person I would have thought that is unlikely.

tdlawyer :

To be honest with you, you're not in small claims, and you're in the "proper" court system/

tdlawyer :

This means all the strict rules will apply.

tdlawyer :

It's best for you to get professional representation if you can.

tdlawyer :

It can be a minefield dealing with this type of thing on your own.

Customer: Absolutely unlikely. She wouldn't agree to do anything. All I would do is to send her a copy of filled in n181, right?
tdlawyer :

Yes, that's right.

tdlawyer :

Then let the Court do the rest.

tdlawyer :

Does this answer your question? Is there anything else you would like me to answer for you?

Customer: I do not wish to throw good money chasing bad money. I put my losses at £19,660 plus court costs of £340.00 already paid and £220.00 allocation fee. Do you think as personal litigant there are more costs?
tdlawyer :

No, there are less costs as a personal litigant without representation.

tdlawyer :

It's just that most people don't like using the courts, find it time consuming and complicated. In which case they get lawyers to help them. But you can do this without lawyers if you want to.

Customer: So, 340 plus 220 or £560.00 in all? Take it or leave it?
tdlawyer :

Pretty much, yes!

tdlawyer :

Then there is a trial fee for the final hearing.

Customer: How much could trial fee be?
tdlawyer :

£545.

Customer: Fixed cost?
tdlawyer :

You *MIGHT* have a Pre-trial checklist fee too, of £110.

tdlawyer :

Yes, these are fixed costs.

tdlawyer :

You can get the details of all the costs the Courts charge here: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf

Customer: In case of my win, defendant pays, right? Or else I set it off against my taxes. Wish me luck. Good bye
tdlawyer :

Are you there?

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