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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 A LETTING AGENT TO COURT BECAUSE OUR RENTD FLAT

Resolved Question:

I AM TAKING A LETTING AGENT TO COURT BECAUSE OUR RENTD FLAT WAS NOT FIT FOR PURPOSE. WE HAVE NO ARREARS AND HAVE VACATED THE FLAT NOW. WE ARE IN THE PROCESS OF A CLAIM THROUGH CCMCC. THE N1 FOR WE SENT OFF WAS SIGNED ON OUR BEHALF BY MY MOTHER IN LAW IN OUR ABSENCE AS A LITIGATION FRIEND. WE NOW KNOW WE SHOULD HAVE SIGNED IT OURSELVES AND THE DEFENDANT HAS POINTED THIS OUT TO THE COURT. WE RECEIVED A LETTER VIA THE CCMCC ORDERING US TO ''MAKE A WRITTEN SUBMISSION ''TO THE COURT REGARDING THE CONTENTS OF THE DEFENDANTS LETTER. WHAT SHOULD WE PUT IN THE WRITTEN SUBMISSION? WE ALSO HAVE A DEADLINE OF 7TH APRIL TO GET IT TO THE COURT, SO WE NEED TO DO IT TODAY AND SEND IT REGISTERED POST. CAN YOU HELP PLEASE. GRACE NICOL TELEPHONE 01903 746460 OR 07771 563562. MANY THANKS
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Who is named as the Claimant please?

Customer:

The claimants are Grace Nicol and Daniel Eason. Daniel's mother helped collate the case for us and we gave her permission to sign as a litigation friend, we understand now as we are not minors and are sound of body and mind she shouldn't have done that for us. The judge has ordered we make a written submission to the court. What exactly is a written submission? In what form do we write it and does it have to be witnessed as in an affidavit?

Alex Watts :

Indeed. A written submission is in effect a number of points you want to make to a Judge.

Alex Watts :

It can be in the form of a witness statement

Alex Watts :

In short though you should ask the Judge that you are allowed to resubmit the particulars signed by you.

Alex Watts :

Indeed if there is going to be a hearing take a copy of signed particulars with ylu

Alex Watts :

That would be best.

Alex Watts :

The Judge can then accept these signed particulars.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Can a witness statement be written as a letter? Does or Daniels signature at the bottom have to be witnessed by a third party?

Alex Watts :

Well whoever is making the claim needs to sign the statement

Alex Watts :

And no, that signature does not need to be witnessed

Customer:

We do not have a date for court yet. The case is going through the ccmcc centre in Salford. Local courts don't deal with it until a court date is issued by ccmcc.

Customer:

Shall I send a copy to the defendant as well.

Alex Watts :

Yes I am aware.

Alex Watts :

In that case don't worry until there is a CMC

Alex Watts :

But I would send a copy of the properly signed claim forms to the other side.

Customer:

When I return the amended N1 form with our signatures on it, do I have to send all our evidence again, or just the summary of the case written on the N1 form. Our evidence is over 100 A4 pages.

Alex Watts :

No, just the correctly signed claim form.

Alex Watts :

That is it

Alex Watts :

Does that help?

Customer:

The letter says please submit all documents with the fee. I have to pay £50 to ccmcc. When they say all forms do they mean the amended in red N1 form and the N244 form with an explanation of the changes we have made?

Alex Watts :

Amended forms.

Alex Watts :

If you have already sent the evidence you dont need to do that again

Alex Watts :

That is it.

Alex Watts :

All you need to do is send in your correctly signed claim

Alex Watts :

You do not need to duplicate the evidence.

Alex Watts :

Does that clarify?

Customer:

May I ask you. Shall I send a copy of amended N1 form to the defendants as well? There are 2 defendants. 1 and 2. The other is the landlord. def. 1. She has already got her solicitor to file their defence papers which we have now got. On that note, I am concerned as my mother-in-law signed for us as I said before. Their solicitor has not bought that fact up with the court or us. Do you think they are saving it till we get to court to get it thrown out on a technicality? The 2 defendants will appear at the same hearing, same case. We have bought them jointly to court. I could send an amended N1 signed by us to replace the original one. What do you think?

Alex Watts :

Yes make sure you send a copy of the amended N1

Alex Watts :

The pleadings are just defective that is all. The Court can allow you to rely on the newly signed one.

Alex Watts :

Does that help?

Alex Watts :

But send this to all parties including the Court now, so there is no confusion or delay

Customer:

The defendants only need a N1 form each, is that right? and the ccmcc need the cheque N1 and N244 form. Is that correct? I am in a panic as you may have gathered

Alex Watts :

Correct.

Alex Watts :

So one N1 for each Defendant and a copy to the Court.

Alex Watts :

Does that help you?

Customer:

Plus the written submission to the court requested by them on a N24 form?

Alex Watts :

Correct on form N244

Customer:

Sorry Alex. The ''written submission'' request or order by District Judge Haddleton to send as an explanation as why my mother in law signed the original N1 form. Can that be done on the N244 form or do I have to send a separate letter as well?

Alex Watts : Yes on the form n244 in box 10
Customer:

What is the legal way of putting the N1 form enclosed cancels out, takes over from the others, or supercedes it. What is the correct terminology

Alex Watts : You are seeking to amend
Alex Watts : that is it
Customer:

You have been very helpful. I will keep you open until I have completed the forms in case I get stuck.

Alex Watts : Sure, but if you don't have anything further to ask I would be grateful if you rate my answer before you go today please
Alex Watts : If you need more help please click reply
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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