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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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N181 - The last question says something like have I got any

Resolved Question:

N181 - The last question says something like have I got any other claims I intend to bring against the defendant. At this stage I don't, but if he did actually have assets then I would bring an additional claim for £1,200 for what I consider to be a miss-sold / advised Property Trust. How can he expect a Property Trust to be of value to a 99 year old lady, who hasn't paid commercial rent for the last 7 years or whatever and at her age is unlikely to be able to do so and anyway such Trusts don't wash with the Council when assessing care home fees.

So the question is .... what should I put in this box? Does ticking No means that there is no future path to further litigation in the future? I want all options open. My ultimate objective is to stop this guy doing similar to others as I don't think this is his first 'client'.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Well if it arises out of the same facts then you can bring an additional claim. If not then you need to bring it as part of this.

Alex Watts :

Of course in any event if you are considering bringing a claim you should do it now

Alex Watts :

But as of today's date if you are not bringing a claim then you can tick no

Alex Watts :

But it does not stop you in future

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Not sure if I understand your first sentence as it is not the same facts that I will be using to raise this 'new' separate claim. I would only want to raise this new claim if the current claim I have is successful and he pays up.

Customer:

I will say 'No' at the moment as long as the door remains open should I choose to do something in the future, which from your response is the case. Sorry to be pedantic but just want to make sure everything is right in what I am doing.

Customer:

So, if I answer 'No' I will not be restricted in the future in bringing other claims against the defendant?

Alex Watts :

If you are not bringing a new claim then tick no

Customer:

Sorry to be a pain.

Alex Watts :

That's ok

Customer:

If I tick No, will I still have the option of filing a claim for a separate incident same claimant / same defendant at some future time? There is a degree of commonality to the current claim in that it is the defendant giving the claimant financial advice but it is totally separate to the current claim with different supporting facts.

Alex Watts :

If you don't intend to bring one at present you tick no

Alex Watts :

If you intend to bring another one at present you tick yeed

Alex Watts :

yes

Customer:

Got it, thank you

Alex Watts :

Great.

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’.


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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