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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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N181 submission. Do I advise the court of dates that are not

Customer Question

N181 submission. Do I advise the court of dates that are not convenient due to pre-booked holidays now or later? If now is this by way of a cover letter accompanying N181?

Along with N181 I will be sending:

1, Proposed Directions
2, An attachment titled ‘Supplementary Information’ in support of N181
3, An attachment titled ‘ Particulars of Claim’ providing more detail than the brief words that I submitted with the on-line claim form that I first completed.

Doe the above sound OK? Anything significant that I have forgotten … apart from the fee!

For the attachment titled ‘Particulars of Claim’ I have crafted an introduction followed by some 4 or 5 short paragraph claims.

I have a list of some 20 facts supporting my claims, do I include these at this stage or does this come at a later stage in the process?

The claimant’s objective is to recover the £13,500 entrusted to the defendant. Is this just assumed or do you have to state that that is your intended objective / outcome?
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 :

Yes you put this in any other information

Alex Watts :

You need to ask the court to list but AVOID dates xxxxxxxx

Alex Watts :

You dont need to worry about proposed Directions as a litigant in person, the Judge will have standard directions

Alex Watts :

You dont need to worry about facts etc at the moment

Alex Watts :

Can I clarify anything else for you?

Customer:

The cover letter that came with N181 says that I need to return proposed Directions?

Customer:

When you say "list but AVOID dates" sorry but what do you mean by "list". Is that the request for them to propose dates for certain actions in the court process?

Customer:

So do I just start my sentance:

Customer:

Could the court list but avoid the following dates xxxxxx

Alex Watts : No, you put document the dates to avoid listing, you can't dictate the date for the claim to be heard.
Alex Watts : so dates to avoid,
Alex Watts : Does that help?
Customer:

Thank you

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.

The cover letter that came with N181 says that I need to return proposed Directions? I know you said I don't need to but as it states I need to could you just clarify?

Expert:  Ash replied 2 years ago.
Yes you don't need to.

Alex

Customer: replied 2 years ago.

Further to above...... The claimant’s objective is to recover the £13,500 entrusted to the defendant. Is this just assumed or do you have to state that that is the intended objective / outcome?

Expert:  Ash replied 2 years ago.
You need to state the remedy is for damages and to recover the £13,500

The Judge needs to be clear about what you want.

Alex

Customer: replied 2 years ago.

Nearly there. so do I do that in the attachment to N181 that I have created called, 'Particulars of Claim'? and start it with .....


 


The remedy sought by the claimant is ..........


 


I have a question on damages I will start a new question.

Expert:  Ash replied 2 years ago.
Great.

POC should have been served if you have been asked for the Directions Questionnaire.

Remember START questions with For Alex W - to make sure I pick them up

Thanks

Alex

Customer: replied 2 years ago.

Sorry but what do you mean by "POC should have been served"


 


also ref last question is sticking


 


The remedy sought by the claimant is ..........


 


in the attachment that I have created detailing the claim OK I guess so but just double checking.


 


Will reference future questions as you say. You have been answering a shed load of my questions ... very grateful


 


 

Expert:  Ash replied 2 years ago.
POC - particulars of claim

Does that help?

Alex

Customer: replied 2 years ago.

 


 


Ref the POC, in my initial on-line filing of the claim I was restricted to only a few words ref the claim. I guess I should have appended a document to it but I didn't do so. Before a started asking you questions I posed this question to another lawyer who advised that I could use form N244.



However it is not so much amended particulars of claim for which the court may charge you a fee as a fully detailed particulars of claim.



My suggestion would be to put it in as part of directions to be ordered by the court although you can send them in at the same time along with a covering letter



Is that OK in your opinion?

Expert:  Ash replied 2 years ago.
You can't add to the POC.

It is what it is. You can only apply to amend it and seek permission of the Court.

But you do need permission of the Court and the other side will be allowed to file an amended defence

The Claimant is also likely to be responsible for the costs of filing the amended defence and preparing it.

Alex

Customer: replied 2 years ago.

Right, do I do that by requesting permission of the court in my cover letter to N181?


 


 

Expert:  Ash replied 2 years ago.
No, you need to complete form N244 to amend the POC.

That is a separate application but can be sent within N181

Alex

Customer: replied 2 years ago.

on it

Expert:  Ash replied 2 years ago.
Great. Happy to help.

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