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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9683
Experience:  I have been practising for 30 years.
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I need help filling in form N181, I am a little confused

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I need help filling in form N181, I am a little confused with the questions. I am in England. The defendant is a letting agent. We originally took the defendant to an ombudsmen for not passing over rent received on a property I own and for other monies owed, this total over over £10K. The ombudsmen agreed in our favour for £4600 and held the rest in abeyance should more evidence come to light, but stated it would have to go to court. The defendant agreed to pay the £4600 but nothing was received, so we took the full amount to court as we had more evidence by that time. The defendant did nothing and we got a judgement by default, they then disputed this. The judge agreed for it to go back to court apart from the £4600 that had already been dealt with. The defendant has started paying back this sum. The outstanding balance is now less that £10K but its still been fast tracked
Assistant: Where are you located? It matters because laws vary by location.
Customer: England
Assistant: Has anything been filed or reported?
Customer: Ok... I'm not sure what you mean by this... please see above
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: ?
Assistant: What confuses you?
Customer: I hope I have fully explained what the problem is, but you haven't acknowledged what filed or reported means Thank you... I'm just waiting for my partner to turn up with his card
Submitted: 1 month ago.
Category: Law
Expert:  F E Smith replied 1 month ago.

Hello - if you could tell me the exact questions you are having difficulty with then I can help - thanks

F E Smith and other Law Specialists are ready to help you
Customer: replied 1 month ago.
All of them
Customer: replied 1 month ago.
We don't want to settle the claim before the hearing as she's not responsive
Expert:  F E Smith replied 1 month ago.

Always agree to try to settle the claim prior to the hearing. You can answer yes to question 1 and no to question 2 although my advice would be to answer yes to both of them. I know it’s not going to make any difference because, as you said, they are unresponsive, but you need to be seen to be reasonable in the eyes of the court.

B1 You have issues the claim in the High Court and there is no reason for it not to stay there Yes

B2 give your local County Court but it will be transferred to the Defendants County Court. In B2: For convenience of claimant.

C no. . Debt claim. Not applicable

D I presume that this is the first application you have made

D2 Fast Track. It will not be small claims track because the amount originally claimed is over £10,000. You can ask for it to be transferred to the Small Claims Court and the court will decide.
D3 I assume that you have no electronic documents in which case the answer is no.

D4 Claimant and Defendant to agree mutual exchange of documents 14 days before hearing.

E I assume this is straightforward and there would be no experts or witnesses

G I would think this was take one day unless she is not going to defend in which case, would be less than one day.

H leave blank

I No

J you have to try to agree timescales for exchange of documents and witness statements. If the Defendant simply ignores anything you ever send, then in the notes, put Defendant refuses to reply to correspondence or telephone calls.

.Can I clarify anything for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.