How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

i am making a small claims court application which headings

Resolved Question:

i am making a small claims court application which headings should i use
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 :

What is the application for?

Alex Watts :

When you say which heading you mean at the top of the statement or application notice?

Customer:

Hi Alex, summary, i have a buy to let property, got into arrears, property placed with receivers

Customer:

i am now trying to claim back charges which put the property into arrears in the first place

Customer:

i can only afford the small claims court £10,000 claim

Customer:

my case would be failure of data protections over a 6 year period, with mail going to 3 different addresses (not the correct one) I have a letter from the ICO confirming 'based on evidence supplied' it is likely a breach did occur

Customer:

which heading shall i put for this on the N1 form>

Customer:

are you in 'the chat' or 'out of the chat'?

Customer:

hello

Alex Watts :

I am here, although if I switch screens it says I am gone

Alex Watts :

I am not with you. The heading on which part of N1?

Customer:

on the small claims court form

Alex Watts :

Yes N1 - I am with you up to that point

Customer:

i don't want my case to be thrown out as i haven't completed the N1 properly, so i wanted you to advise my which Headings do i use

Alex Watts :

Yes.

Alex Watts :

ok - lets go through N1.

Alex Watts :

Why are you not issuing online?

Alex Watts :

Its cheaper for you

Alex Watts :

£410 as opposed to £455

Customer:

i can claim the fee back as on benefits

Customer:

you can't use the fast track system if claiming a fee remission, i don't think so anyway

Alex Watts :

Oh I see, right ok.

Customer:

I know data protection is unlimited

Customer:

but shall i stipulate i want £10 for this alone?

Alex Watts :

Yes you can't use Moneyclaim with fee remission

Customer:

10,000

Alex Watts :

Ok - lets go through the form

Alex Watts :

In the (insert local court name here) County Court

Alex Watts :

In the xxx County Court

Alex Watts :

Claim number leave blank

Alex Watts :

Claimants name and address - you

Alex Watts :

Defendants name and address - them

Customer:

I've got all that, shall i attach my evidence? I have paid £60 for the plus service, I don't know if that is included

Alex Watts :

No no no

Customer:

sorry Alex, when i say attach my evidence, I mean is it possible with the highest subscription on Just Ask for you to look at at?

Alex Watts :

Brief details of claim - you put a summary

Alex Watts :

value - you must put the Claimant expects to recover less than £10,000

Alex Watts :

Particulars of claim - you set out detail of the claim

Alex Watts :

As for documents etc you DONT attach these.

Alex Watts :

If the matter is contested it will be set down for trial and 14 days before the hearing you provide a witness statement and all the evidence which you seek to rely upon

Alex Watts :

Not at this stage

Customer:

oh i see, but i have had one application rejected as

Customer:

You have not provided the court with enough copies of the claim form, particulars of claim and all supporting documents for service, the court requires one cope for the court file and one copy for each defendent. Please note that the court does not return any copies ofthe claim form to the claimant, therefore, you may wish to keep copy for yourself

Alex Watts :

You need to include 3 copies of the claim form and particulars of claim

Alex Watts :

One for you, one for Court and one for Defendant

Alex Watts :

But its not all the evidence.

Alex Watts :

If you are claiming breach of contract, you include the contract

Customer:

ok so would i say

Alex Watts :

Please see:

Alex Watts :

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16

Customer:

ok, so i state Data Protection Breach, shall i put already confirmed by the IOC

Customer:

ICO

Alex Watts :

And:

Alex Watts :

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16

Alex Watts :

If it is a breach of Data Protection then yes you can claim this.

Alex Watts :

You dont put its been confirmed by the IOC, that is a matter of evidence for trial

Customer:

right, when you say less than £10K shall i put £9,999 in the amount claimed box?

Customer:

would the following be acceptable as Brief details of claim>

Alex Watts :

No - you just put the statement: The Claimant expects to recover less than £10,000

Alex Watts :

Above small claim is £10,001

Customer:

can i claim for misleading/false information from the defendent

Alex Watts :

Only if you have suffered a loss

Customer:

how do i word it

Customer:

revenue lost from false information by the defendent?

Alex Watts :

You need to get out the misleading false statements, the fact you relied on it, why it was wrong and what you have suffered as a result

Customer:

Defendent changed T&C's over the phone and failed to confirm in writing?

Alex Watts :

Yes.

Alex Watts :

So you can set out your stall and say what the claim is about etc.

Alex Watts :

But provide all the evidence when it comes to trial

Customer:

can i claim for the bank breaking their 8 week code to respond

Alex Watts :

No

Alex Watts :

Thats between them and the regulator.

Alex Watts :

That just adds though about how bad you have been treated.

Customer:

can i put not treated fairly and properly

Alex Watts :

Yes you can, that is not a head of claim but adds to their conduct

Customer:

ok, can i type it and then cut and paste it and send it to yourself?

Alex Watts :

You can but I havent seen all the evidence.

Alex Watts :

I can only direct you to what to say and to the rules that govern this.

Customer:

i appreciate that, do you have an email or do i have to do it on here?

Alex Watts :

It has to be here.

Customer:

ok, I will come off line now and be in touch in 15 minutes if that's ok?

Alex Watts :

Sure.

Customer:

alex

Customer:

hhh

Alex Watts :

Hello

Customer:

hi alex are you there?

Alex Watts :

I am

Customer:

ok, i am happy with my summary

Alex Watts :

ok

Customer:

but going back to the amount claimed on the N1, you said, state less than 10K but the box seems to request a specific amount, and you say i can't put £10K i have to stipulate 'less than 10K'

Alex Watts :

Ok - where it says value of claim where the text is - you put the statement there

Alex Watts :

in the value box in the right corner, you do have to put a value figure there

Customer:

can i put 10K in the box?

Alex Watts :

The right bottom box yes

Customer:

thank you, ***** ***** thing I am enclosing a Mckinzie Friend letter for the court, do both the clamant and the actual Mckinzie friend have to sign it?

Alex Watts :

In any event its a small claim, your friend can represent you.

Alex Watts :

As long as you are at Court

Alex Watts :

You dont even need to worry about this at this stage.

Customer:

yes but the court have requested a mckinzie friend letter as I have given the friends name for court papers to be sent to

Alex Watts :

Ok, thats fine.

Customer:

thank you alex

Customer:

sorry one more thing

Alex Watts :

ok?

Customer:

with regards ***** ***** costs, can i put an amount down due to the work of my Mackinzie friend?

Alex Watts :

No. Its a small claim, you can't claim legal costs

Customer:

right, nearly finished

Customer:

can my mckinzie friend sign for me under litigation friend?

Alex Watts :

No, you need to sign the pleadings etc

Alex Watts :

Only a Solicitor etc is authorised to sign or where there is a litigation friend (ie under 18 or capacity issues)

Customer:

what are the pleadings?

Alex Watts :

Sorry claim form

Customer:

I don't understand, in the 'statement of truth' box do i have to sign or can my mckinzie friend sign?

Alex Watts :

You

Customer:

thank you alex

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

Can I ask you to rate my answer before you go - the button should be at the bottom of the screen

Alex Watts :

If you want more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice