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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have to defend myself in a UK Court of Law against a

Resolved Question:

Hi, I have to defend myself in a UK Court of Law against a neighbor who harasses me for a Right of way matter.
He benefits from CFA funding so has not hesitated to build his solicitors fees for 2 years before the court action has been finally triggered. His solicitors told me their client is at no financial risk whether he wins or looses, protected by the CFA funding. They also have refused to go to Small Court in order to get maximum compensation from me. When I filled the Court initial questionnaire I did not fill the counterclaim part, as I thought I could not get any compensation from the prejudice I incur for two years due to this continuous harassment.. I changed my mind and I want to request compensation, as I can prove that I suffer from real psychological prejudice and financial loss due to this on going vendetta I suffer from. Is it not too late to contact the Court to ask for a counterclaim, despite the fact i have already sent all documents as regards ***** ***** defense and the questionnaire? How can I do it? and is there a chance that I can get compensation as a victim, even though there is CFA funding protecting the claimant attacking me? thanks for your help
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know at what stage proceedings are please?

Customer:

I sent back the court documents including the questionnaire to the Court, 2 weeks ago, I sent copies to the opponents as requested. last week i received the copy of the opponent's solicitors questionnaire ( mentioning the amount of witnesses they have and the refusal to go to the small court/ as it was initially suggested by the court themselves. So far I wait for the next step to be taken , by the Court I guess? to give a date for the D day of court day.

Customer:

dear Alex, I did not receive any answer from you? just a question? the system asks me to rate your service....

Alex Watts :

Has the matter been allocated to track yet please?

Alex Watts :

I think the messages are system generated

Customer:

no I dont think it is allocated to track, I have received nothing, is it possible I can contact the Court still? how could I do this?

Alex Watts :

You need to apply to amend your claim and include a counter claim

Alex Watts :

You need to do this asap

Customer:

ok, what is the process you think the quickest to amend a counterclaim?

Alex Watts :

You need to complete form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

There is a Court fee of £50 to pay

Alex Watts :

You need to set out your counter claim so the Judge can see it

Alex Watts :

The Judge will then consider whether to allow your counter claim

Customer:

to set it out, do I need to put specific figures? or elements of proof?

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

Not proof at this stage

Customer:

yes please, it is so important, I appreciate

Alex Watts :

Just set out what you have lost and when

Alex Watts :

So everyone knows the case you are saying

Alex Watts :

There is no evidence at this stage

Customer:

all right, basically , this is the form N244 which matters..

Customer:

do you think that the claimant with the CFA can have to pay something if he looses?

Alex Watts :

Yes he would be liable for your costs if you win

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

that is good to know, because the solicitors have intimated me so much about this CFA, that I thought a counterclaim was not useful

Alex Watts :

Yes its N244 that matters, you need to make a formal applicatsion

Alex Watts :

No, if you have a valid counter claim you are entitled to bring it

Alex Watts :

Does that help?

Customer:

yes alex , it does,

Customer:

just to make sure, I can download this N244 oonline ? and send it to the Court with the Court case number? should it delay the Court case?

Alex Watts :

Yes you download it, fill it out and send it to the Court with £50

Customer:

ok , that is great, I will do this on Monday!

Alex Watts :

Great. Can I help with anything else today?

Customer:

I see the form in front of me, i will print it and fill it. At this stage I do not need to give a figure of compensation?

Customer:

like for example claiming a financial loss of 50K?

Alex Watts :

No. But when you send in your draft claim you need to include numbers or a valuation

Alex Watts :

Ie under £10,000

Alex Watts :

Between £10,000 and £25,000

Alex Watts :

Or over £25,000

Alex Watts :

You need to make sure you say one of those 3

Customer:

I see the form in front of me.. it does not state any of these 3 possibilities?

Alex Watts :

No, this is a form for an application

Customer:

( from the link you sent me)

Alex Watts :

But you need to put one of these

Customer:

ok I will put this in the free text section then?

Alex Watts :

Yes

Alex Watts :

Set out your claim and say the value is whatever it is

Alex Watts :

Can I clarify anything else?

Customer:

ok, great ,I think I get it. And after , do you think I should receive a new questionnaire from the court?

Alex Watts :

Yes hopefully. But do this asap

Customer:

ok; great, thanks a lot

Alex Watts :

Does this answer the question for you?

Customer:

yes it does thanks

Customer:

I represent myself in the Court, I hope that will do

Alex Watts :

Great. If I could invite you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

i am done on this , thanks alex

Alex Watts :

Thanks. Please do remember to press the rate button before you go - thanks

Customer:

i will give u the best feed back

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
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