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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am taking my builder to court via the MCOL route I am

Resolved Question:

I am taking my builder to court via the MCOL route
I am claiming among others the cost of finishing the project that he started but didnt finish.
Is it OK to only have an estimate of the claim size at the moment of opening the MCOL and then refining this estimate as the claim progresses?
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 :

Yes if the claim is a small claim (under £10,000) then you need to provide evidence 14 days before trial

Alex Watts :

If its a fast track case then the Court will give directions as to when that evidence needs to be filed by

Alex Watts :

But at this stage as long as it is the top end you can always revise it down

Alex Watts :

But once a claim is issued you can't revise a claim upwards without the courts permission

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

it is a claim for 50k - does this change things?

Alex Watts :

NO

Alex Watts :

The court will give directions as to when evidence is to be served by

Alex Watts :

You must complete disclosure of evidence and get the quotes by this point

Alex Watts :

Assuming the matter is defended of course. If not you can get Judgment by default.

Alex Watts :

Does that help?

Customer:

how do i fast track the case?

Alex Watts :

You can't. The value of it means its multi track

Alex Watts :

The process will take around 6-12 months to get to Court

Customer:

wow - there is no way to accelerate this?

Alex Watts :

Sadly not. Multi track cases are quite long

Alex Watts :

The very nature of them given the value

Customer:

whats the difference between single and multi?

Alex Watts :

Small claim - up to £10,000

Alex Watts :

Fast track - £10,000 - £25,000

Alex Watts :

Multi track - £25,000 +

Customer:

if we file two fast track claims instead of one multi track?

Alex Watts :

You can't

Alex Watts :

Fast track is still around 6-9 months

Alex Watts :

You can only issue one claim

Alex Watts :

It will be allocated to multi track given the value

Alex Watts :

You can't avoid that unless you limit the claim to £25,000

Customer:

ok - say that we didnt have money to advance the build completion ourselves - we would just have to wait up to a year with a house that is uninhabitable?

Alex Watts :

I can only advise you on the legal procedure.

Alex Watts :

Whether you accept the advice or do something different is up to you

Alex Watts :

You have 6 years to bring a claim so you have plenty of time to issue

Alex Watts :

You can do it now, or do it later on

Customer:

get it - but there is no 'urgency' track somehow?

Alex Watts :

No

Customer:

ok - thx

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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