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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46200
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, I filed a counterclaim of £1500 for the clam made against

Resolved Question:

Hi,
I filed a counterclaim of £1500 for the clam made against £2150). I received a letter from court to complete Directions Questionnaire. My question is where can I find the Directions Questionnaire and can I submit online / email considering I have about 24 hours to submit. Also, how do I contact other party for a settlement offer?
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Is there other party represented by a solicitor?

Customer:

Hi I am Juned, many thanks for your interest. The other party is not represented by a solicitor.

Ben Jones :

Which court is this claim being heard at and why is there such a short period to submit the questionnaire - did you receive the letter late?

Customer:

County Court at Kingston Upon Thames

Customer:

There are two different dates in the letter, 18th of September and 23rd of September. I, however received on 26th.

Ben Jones :

The allocation questionnaire can be found here:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n180-eng.pdf

Queries can be sent to the court via email through [email protected] but ideally the questionnaire should be posted. What matters is when you post it, not when they receive it so you should try and complete it and post it tomorrow, also include a cover letter explaining why there was a delay, such as the date when it was received. Such a short delay will not necessarily be an issue and the court will be flexible, especially as this is still the pre-trial procedure.

Customer:

Thanks. Just to be absolutely certain, can I include the body of the letter?

Customer:

The parties do complete and file with the Court the document specified in the schedule to this order no later than 4.00 pm 3rd October 2014.
Schedule : Directions questionnaire

Customer:

Note: A party affected by this order may apply, not more than 7 days after it is served on him, to have it set aside, varied or stayed.

Customer:

I didn't understand a single word of the later note.

Customer:

Also, I was wondering if I could possibly deliver the form myself tomorrow.

Ben Jones :

ok so you need to send it by no later than 4 pm tomorrow, so you can still send it before the deadline and it would be ok, it does not need to be received by then. The last sentence says that you can apply to the court to change the order they have made but that is unnecessary, this is just an allocation questionnaire so I think this has just been included as standard wording so don't worry about it. You may indeed deliver it by hand if you want

Customer:

Many thanks Ben. Do you think the later part of my original question is irrelevant ?

Customer:

(How do I contact other party for a settlement?)

Ben Jones :

No it is not irrelevant you can contact them by using their contact details, do you not have these on the claim form or any other court documents sent through?

Customer:

No, only two letters I received from the court are

Customer:

1) For directions Questionnaire
2) £10 refund cheque for overpayment.

Customer:

I mean after I filed the counterclaim.

Customer:

Could you possibly suggest a way I can ask the other party for a settlement without showing desperation? The relationship is quite bitter at the moment.

Customer:

And I strongly believe that the other party will have to pay if the case is resolved by court.

Ben Jones :

Any means of contacting them - do you have any contact information? If you do, just use that to get in touch with them . As to making the counter-claim, you do not have to say much and that in itself will not show desperation - just make the offer and state what you are prepared to pay and mark the correspondence as 'without prejudice'

Customer:

Yes I do have their contact information (in original claim file)

Ben Jones :

ok so use that to write to them with an offer

Customer:

"just make the offer and state what you are prepared to pay and mark the correspondence as 'without prejudice'" - didn't quite understand that. I already filed a counter-claim on 5th of September.

Ben Jones :

a counter claim is not a counter offer - a counter claim is your own claim against them

Customer:

Ok. I am a bit confused, may I ask why do you think I should pay or do you think we are drifting away from the topic?

Customer:

Ok I'll try to google for such letters.

Customer:

Anyway, many thanks for your time Ben.

Ben Jones :

pay for what, their claim?

Customer:

yes as you mentioned "just make the offer and state what you are prepared to pay and mark the correspondence as 'without prejudice'".

Ben Jones :

yes but only because you intended to make such an offer, although you do not have to make it if you don't want to

Customer:

So, should I just write them to ask for settling outside the court?

Customer:

or Mediation service?

Customer:

Never mind, I read the form carefully.

Customer:

May I ask one last clarification related question please?

Ben Jones :

You can ask them to settle but that's entirely up to you, it is voluntary so if you don't want to you don't have to.

Customer:

Ok. Understood.

Customer:

In the form, there is a question: "Are you asking for the court’s permission to use the written evidence of an expert?"

Customer:

Does it mean I have to provide an expert or I can request the Court to appoint an expert?

Ben Jones :

this is not something that is usually don and it is only an issue if you need the specific evidence of an expert in a field, for example a technical matter where you need someone who is an expert to provide evidence to discuss the issues in more detail

Customer:

Actually, in my case, it'll be highly beneficial for me.

Ben Jones :

ok but you need to find one yourself and also agree it with the other side

Customer:

Ok. Fair enough. Many thanks again for your help.

Ben Jones :

you are most welcome, all the best

Customer:

Is there any way I can contact you directly in future? If so, Could you provide your contact information, hourly rate please?

Ben Jones :

we cannot take on any work though this site so we need to keep all contact on here I'm afraid...site rules

Customer:

Understandable.

Customer:

I'll leave a good feedback.

Ben Jones :

many thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46200
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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