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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Afternoon. I have an update on my filled claim against my old

Resolved Question:

Afternoon. I have an update on my filled claim against my old landlords. The old landlord has put in a full defence, whilst the current landlord has not replied. I have received a questionnaire from the Court on and consequently have the following questions:
1. Defendant ticked Yes for the case being referred to Small Claims Mediation - should I do the same, and if so why?
2. His contact details are now a solicitor's firm in London. I presume all further communication should be sent to them and not the defendants home address?
3. Should I be concerned that he has engaged a solicitor?
4. The defendant wants the hearing to be at his home court, quoting CPR 2.3 (1) should I ask for it to be moved to my home court in case I need to attend a hearing?
5. The form asks about dates that I am unavailable for a hearing. Is this simple a procedural issue? My understanding was that under 10,000 pounds cases are always dealt with remotely?
I have a few other points to raise, however let us start with these
Thanks
Matt
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 :

1. Yes, the Court would expect the parties to try and settle

Alex Watts :

2. Yes if he has Solicitors on record

Alex Watts :

3. No, this is usual

Alex Watts :

4. Sadly not, if you are suing an individual the rule is the claim is transferred to THEIR home Court

Alex Watts :

5. Yes

Alex Watts :

Claims under £10,000 are small claims and will go to a hearing if the matters is not resolved

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Alex - 1-3 ok

Alex Watts :

ok

Customer:

4. In the notes field about hearing venue, it says "the case will usually be transferred to the claimants preferred court or the defendants home court as appropriate." This sounds like it is 50/50 as to where it might be held?

Customer:

Therefore as I'm the claimant I thought I might be able to ask for a court near me?

Alex Watts :

No. The rules say where D is an individual it is the home Court of D.

Alex Watts :

Where D is a firm, then its at C's home Court

Customer:

Ok so there's a difference between whether the defendant is a person or a firm

Alex Watts :

Yes

Customer:

If a person then the defendant can choose location

Alex Watts :

No - they can't chose, it goes to their home Court

Customer:

Ok

Alex Watts :

Does that help?

Customer:

5. Hearing - So there is a distinct possibility that I will have to travel to Ipswich if the case goes to a hearing?

Alex Watts :

Yes but if you win you can claim travel

Customer:

If so can I claim for loss of earnings / expenditure if I win?

Customer:

Ok you've just answered it

Customer:

Loss of earnings as well? Hotel accomadation?

Alex Watts :

Yes

Customer:

Ok so a few more:

Alex Watts :

ok

Customer:

Form EX306 says I should contact the defendant (I read that now as their solicitor) BEFORE I send the questionnaire back to the court. Is this right?

Alex Watts :

For a small claim no

Alex Watts :

You can just send it to Court

Customer:

Ok - when it says copy in "All Parties" does that mean the x2 defendants plus x1 defendants solicitor? If you recall I have put in a claim against both landlords, however only the one has engaged

Alex Watts :

Yes. You just send it to the Court and its a small claim

Customer:

Yes, but I received a Directions Questionnaire from the solicitor as well as the Court. The Solicitor's one has the landlord actions listed on it and the Court one is blank for me to fill it out. Do I need to photocopy the one that I am sending to the Court and post it to the landlord's solicitor as well?

Alex Watts :

You can if you wish. Generally you just complete one copy and send to the court and other side

Customer:

Ok so no hard and fast rules - send it to the Court yes, and as a courtesy to the solicitor i.e. it is not compulsory?

Alex Watts :

Yes that is right

Customer:

Leading on from that

Alex Watts :

ok

Customer:

The documents that I receive from the solicitor's - I'm I at this stage to assume that they are just keeping me informed of what their client is doing, i.e. a cc approach?

Customer:

In other words I do not have to interact with them - the Court will keep them informed of my actions?

Alex Watts :

Yes the Court will allocate the matter then set it down for trial

Customer:

Ok coming to the Landlord's defence. He claims that he did not let property to me / did not receive a deposit from me / is therefore not liable

Customer:

This seems a strange approach as I have a contract with his name and address on it

Alex Watts :

Well you dont worry about that at this stage, that is a matter of evidence

Customer:

I thought he might be trying to hide behind the Estate Agents as it was through them that the property was let, and it was to them that I paid my rent and deposit. Could it be that he is insinuating that he never received any monies from me, because the agents did not do their job and pass it the deposit onto him?

Alex Watts :

I can't say, I havent seen his statement.

Alex Watts :

All you need to worry about at this stage is allocation - nothing else

Alex Watts :

The forms need to go back to the Court and you can send the Solicitor a copy

Customer:

So scan the completed N149A form and post it recorded delivery to them and send the original back to the court?

Alex Watts :

First class post, no need recorded

Customer:

Right - it seems that I have to fill this form in by hand, as I can't see a way to do it via the MCOL website?

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n149-eng.pdf

Customer:

Oh

Alex Watts :

Can I clarify anything else for you?

Customer:

Ok so I still have to print it out - can't file it online

Alex Watts :

Yes cant file it online

Customer:

Getting to the end

Customer:

So in future will I be using the MCOL website at all, or will it be papers back and forth to the Court? i.e. I can't scan documents and upload them as evidence, it has to be paper copies?

Alex Watts :

Court.

Alex Watts :

No, you can't scan and upload, that is for issuing claims only

Customer:

Right MCOL is simply to initiate a claim, and monitor status - after that it's back to paper

Customer:

Is that right?

Alex Watts :

Correct

Customer:

Ok final 2 questions

Alex Watts :

ok

Customer:

I see on the MCOL status that it says: "A bar was put in place for..." name of defendant etc - what does that refer to?

Alex Watts :

I have no idea. It means you cant enter Judgment, I assume because a defence has been filed

Customer:

Right

Customer:

All of the above is in regards ***** ***** old landlord. I have heard nothing from the current landlord, despite sending him a pre issue letter and issuing against him at the same time. As he is not participating in the process do I just ignore him from now on?

Customer:

No coping of letters etc to his address?

Alex Watts :

Yes dont worry about that - no need to send him copy letters

Customer:

In other words deal only with the defendant who has replied

Alex Watts :

Yes that is correct

Customer:

Ok good stuff - that should be it for now, though I imagine I will be back for another round!

Alex Watts :

Ok - please can I invite you to rate before you go, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

Got it will do, have a good evening

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