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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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FAO Alex Watts. . The Defendant has until 12th June

Resolved Question:

FAO Alex Watts. Hello. The Defendant has until 12th June to file and serve a defence. Assuming I receive the defence on that day or before what is the next step the Claimant needs to take?
Is it to send to the Court the Directions Questionnaire N181?
Peter
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello and thanks for requesting me.
You dont need to do anything else then. The court will send out Directions Questionnaires. This is done automatically.The Court will then allocate it to track.
So there is nothing you need do.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

So the Court send it out for me to complete and send back to the Court?

Do the court then send the Directions Questionnaire to the Defendant?

Expert:  Ash replied 2 years ago.
Correct.
Alex
Customer: replied 2 years ago.

The submission of my original N181 relating to this claim cost £220. Do I have to pay the fee again?

The claim did not get to the hearing stage as the defendant ignored all correspondence and as such judgement in favour of the Claimant was given. The Defendant applied and was successful in having the judgement reversed. The judge ordered that I should re-serve the Claim on the defendant which I have and hence I am now starting the process again.

Pete

Expert:  Ash replied 2 years ago.
No, you only pay the hearing fee once.
Alex
Customer: replied 2 years ago.

Good. N181 bit about wanting to settle the claim without a hearing. I intend to tick the 'NO' box and provide the detailed reasons why. Basically the Defendant has had many opportunities (documented proof) where I have endeavoured to resolve this matter through ADR. His defence will be the same as he previously submitted to the court which is one of denial that the Claim has anything to do with him at all. Therefore I don't want to introduce anything that delays the process given that I have already been through the ADR 'one month stay' exercise before.

I know that you cannot give advice as such. So the question is: Is my proposed approach reasonable or would the court just order a stay anyway?

Expert:  Ash replied 2 years ago.
No, the Court will only order a stay if both parties agree.
Does that help?
Alex
Customer: replied 2 years ago.

Thanks.

Finally, from the date the Defendant serves his defence or the date given by the court that this must be done by (12th June). What is the timescale (number of days) I should give the Court to issue the N181 before it is reasonable to chase the Court?

Pete

Expert:  Ash replied 2 years ago.
You don't need to chase the Court Pete. It depends on how much work they have on. It could be anywhere from 2-4 weeks or so.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks, No doubt be back in touch. Pete

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