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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25486
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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MCOL small claim am I supposed to file a reply to defence?When

Resolved Question:

MCOL small claim am I supposed to file a reply to defence?When should the evidence be submitted? The defendants solicitor has also requested the small claim (MCOL) for 5k to be merged with boundary dispute which are currently 2 separate claims. I have stated I will oppose this as they are 2 unrelated matters.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Customer:

ok

Joshua :

May I ask roughly when the claim was received by you please? Have you yet completed the response pack that should have come with the claim form to indicate you intend to defend the claim?

Customer:

I am the Claimant

Customer:

I have received allocation questionnaire re the money claim which is a small claim. I have received a defence from eth defendants approx 2weeks ago

Customer:

the matter is still with Northampton ccbc

Joshua :

Thank you for the clarification. The matter will be allocated to a court normally local to the defendant following the defendants defence. A judge will be allocated to the claim and he will issue directions to both of you - these will set out how he intends to manage the claim and advise the deadline both parties should submit any further evidence and any other directions he wishes to give. A date for the hearing will also be advised.

Joshua :

If you wish to submit a reply to the defendants defence as would be common, it is important this is submitted no later than the deadline given in the directions you will receive from the judge in due course. If the deadline is missed, the judge can refuse to consider your response, though they will often accept evidence even if it is submitted late but its not worth testing.

Joshua :

A copy of your reply to defense must be provided to the court and to the defendant or the defendants solicitor if he has appointed one.

Joshua :

In his directions the judge may make a decision as to the request to merge the claims or he may indicate that he intends to hold a case management conference in order to decide the issue - case management conferences or hearings are less common with small claims actions than they are with fast track or multi track claims (used for higher value claims). If you have not already done so you should consider submitting reasons to support your objection to the request.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer:

yes thank you. I do not think claim for boundary dispute allowed me to make a small claim for money which is a separate matter. Thank you for your reply yes it was helpful. I will send a reply to defence anyway though they haven't given me a deadline

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