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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have written to the defendant 5 times and after no response

Resolved Question:

I have written to the defendant 5 times and after no response I advised that the only course of action left will be a legal one should he not respond. I filed the claim. On receiving the Direction Questionnaire I am now learning all about the Pre-Action Protocol which I have not conformed to prior to issuing the claim. I have written to the defendant covering off the expectations of the Pre-Action Protocol and offering ADR giving him 14 days to respond (before I submit the N181). But this is after I filed the claim. Does this now mean that at the trial the defendant could state that I did not follow process and the claim would be quashed?
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 :

Has he filed a defence please?

Customer:

yes

Alex Watts :

Ok - this wont make any difference at trial.

Alex Watts :

If anything it would only be an issue if costs arises.

Alex Watts :

But even then I assume it is a small claim

Alex Watts :

So no - in reality it makes no difference

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Fantastic

Alex Watts :

Great. Please remember to leave feedback before you go

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer:

claim is for £13,500 and I need to return N181and so I presume I say 'no' ref having complied with the pre-action protocol and explain what I have done leading up to filing the claim?

Alex Watts :

Yes that is fine.

Alex Watts :

Your claim would not be quashed for not following protocol.

Alex Watts :

Does that help?

Customer:

very much, thankyou

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