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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We (3) people have made a civil claim against a defendant,

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We (3) people have made a civil claim against a defendant, the forms have been sent the defendant has responded stating they are refuting the claim, we have 28 days to respond with our evidence which we have until 26 May 2015 to do so. However, the defendants have sent a personal letter to one of the claimants threatening to have the case struck out as we have provided no evidence but we are doing so through the court. They have had the letter signed by a legal assistant. Should I inform the court that they have done this? And are what they doing legal?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
The 28 days to respond with evidence is that as a result of a court order please?
Customer: replied 2 years ago.
No, not from a court order but as part of the multi track civil court claim. Once the court has decided that there is reasonable grounds for a claim to proceed following the written response from the defendant who denies the claim. The claimant (us) have 28 days to respond with our evidence.
Expert:  Ash replied 2 years ago.
Is this an application to strike out or has the Court ordered discolsure or service of statements?
Customer: replied 2 years ago.
Hi Alex, the court has merely asked for the evidence of our claim, which is standard procedure in a civil claim. The problem we are having is that the defendants keep making personal contact with one of the claimants sending intimdating letters as to what they are intending to do, so that we either panic or want to close the claim. They will hen forward the same response to the court. All I want to know is: are the defendants allowed legally to do what they are doing? And should we inform the court of what they are doing?
Expert:  Ash replied 2 years ago.
Do you have solicitors or an address fir service of all claimaints?
Customer: replied 2 years ago.
At present we are representing ourselves, we have been communicating with the court only as at this stage we are just providing evidence against the defendants. Depending on the response from the defendants when they are served with the evidence will be the time to instruct a solicitor if they still want to fight the claim.
Expert:  Ash replied 2 years ago.
Thanks. You can't stop the Solicitor writing to any one of the people involved. However if you are all represented then any communication must go to that Solicitor and not direct upon a party.
But at this stage because they are not represented you can not stop the Solicitor writing direct.
I am sorry if this is not the answer you are looking for but based on what you have said, I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Dear Alex,
Thank you for your prompt and honest response.
At least I know where we stand and must sort out our representation. We are meeting with a lawyer and will get representation immediately.
Once again thank you I am sure to use your services again.
Kind regards,
Firsttine Pierre-Pacquette
Expert:  Ash replied 2 years ago.
Happy to help and good luck.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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