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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have submitted a sub £10K claim via form N1 and have received

Resolved Question:

I have submitted a sub £10K claim via form N1 and have received the Defense from the Defendants solicitors. The Defense disputes the claim and raises questions about my claims which I feel are either not comprehensively or clearly described in my original submission, this is of course to be expected. What I would like to know is the advised mechanism for response with respect to the ongoing process. Can or should I for example submit further details in response and/or clarify the items that have been disputed and if so, should this be submitted to both the Defendant and the Court? Or should I wait to submit this in context of the material listed for reference at the hearing? Basically I am unclear when and where I should respond to the Defense as received and this includes refuting some of their claims which I can prove are factually incorrect.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

When a defence has been filed if you are in person generally you don't need to worry at this stage.

Alex Watts :

The Claim and the Defence will go before the Judge with the Directions Questionnaire document.

Alex Watts :

The Judge will then look at these and probably allocate to a track - in this case probably a small claim.

Alex Watts :

Then 14 days before the hearing you both file and serve all the evidence which you seek to rely upon.

Alex Watts :

Then at that hearing for the claim you can address any issues raised

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for your reply. What I want to achieve is the clarification/crystallisation of my claim in scope of the Defense, i.e. to deliver a response to the Defense. Is the only forum for this now the submission of evidence pre-hearing or could I submit this to the Court in advance in the expectation that the Judge will review it? For example the Defense says that the claims are statute barred by virtue of the Limitation Act which; though I argue against; I have not referenced in my claim. Hence my concern here would be that the Judge might act upon this statement pre-hearing and determine that I have no real prospect of success which is why I want to counter it in advance.

Alex Watts :

You can submit a response to the defence but generally only lawyers do that. but if you feel you want to then you can

Alex Watts :

You dont need to submit evidence at this stage, just the reasons why you think its not statue barred etc.

Alex Watts :

Does that clarify matters?

Customer:

One point, if I submit a Defense response should I send this to both the Court and the Defendant in your opinion and if I send it to the Couty would it represent an annotation to the Claim?

Alex Watts :

Its just a reply to the defence. Whilst you can't add allegations to the claim without permission you can certainly rebut allegations made against you.

Alex Watts :

Does that help?

Customer:

Thank you for the information and for your prompt replies.

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