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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex, Something went wrong with our link before you sent

Customer Question

Hi Alex,
Something went wrong with our link before you sent your last answer to me and the page froze out without any direction as to what I was supposed to do, so I didn't see your last answer or the instructions on how to rate you for payment until I found the transcript in an email from Just Answer.
I do apologise for the delay in finding my way round this, I have gone into my Just Answer account and rated your star system and hope that this will allow Just Answer to pay you for the advice.
Your advice has given me a good deal of confidence and a feeling of powerful leverage over the progression of our case. The emails I am getting from my defendant are no longer apathetic, tongue in cheek dismisives as they used to be and I imagine she realises how much compromise her earlier attitude has cost her.
I would very much like to consult you as my case progresses if that is still possible.Best regards,Simon
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hi Simon and thanks for asking for me.What else is it you would like to know and I would be pleased to help?Alex
Customer: replied 1 year ago.
Hi Alex,
I don't have any further questions just yet. I'm sure I will do but at the moment I'm still busy filling in the directions questionnaire and compiling my proposed directions for the Judge to see where I think we should start and why. Other than that I've just copied FT SD with suitable dates from the UK GOV webpages. Picking up on the Court's incentive to settle for ADR I've proposed either that my defendant agree to ADR by arbitration, which is what I wanted all along, or that the Court enters summary judgement for the 10 items of the 12 that the defendant failed to deny and then reallocate the case to small claims for the remaining two items. My defendant wants small claims allocation anyway but doesn't seem to understand that 12 items is too much to fit into a one hour small claims hearing, no matter what the value.
Expert:  Ash replied 1 year ago.
Small claim is not just one hour. Its below £10,000, not complicated area of law and trial of less than 1 DAY.Does that clarify?Alex
Customer: replied 1 year ago.
If that's the case I don't understand why the Court proposed FT at all and will also propose to have it reallocated. I'm hoping any way that they will adopt my proposal to file a personal witness statement to narrate the bulk of my argument for the Judge to read and absorb before the hearing, or pre trial review
Expert:  Ash replied 1 year ago.
Ok. As I have said if its less than £10k, a simple matter less than 1 day, its usually a small claimDoes that clarify?Alex
Customer: replied 1 year ago.
Yes, thank you Alex
Expert:  Ash replied 1 year ago.
Great. If I could ask you to rate as always so the site credits me for the time spent with you. Thanks. Alex
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Customer: replied 1 year ago.
Hi Alex,
I have another question for you.
On my particulars of claim I neglected to specify the dates between which I claim interest and include the actual calculation under the County Courts Act 1984 section 69. The Court staff have not commented on this aspect of my particulars of claim either upon application or by the Directions Questionnaire sent to me. And of course my Defendant hasn't noticed it while she is too busy thinking about her next visit to Chockie Wockie Doo Dar's, outshining her peers on an influential social media network and the spa hotels in Spain at which she spends a month at a time.
11 of the 13 items on the claim each have a specified monitory value but they have all come into being at different times within the last twelve months. Would it be appropriate to file the extra details as per CPR 16.4(2) with the Court, if so, via which administrative form would be best and which is the earliest date the Court might accept as being reasonable for interest to start?
Simon
Expert:  Ash replied 1 year ago.
Ah, sadly thats a new question which I could invite you to ask on a new thread?
Customer: replied 1 year ago.
Yes, ok, how do I do that? ha ha, or do I have to ask that on a new thread as well? :-)
Expert:  Ash replied 1 year ago.
Just post a new question and put: FOR ALEX. I can then answer it! Thanks