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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6146
Experience:  Solicitor
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I took property management company to court because of the

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Hello, I took property management company to court because of the electric gate (which I believe is not operating in accordance to the regulation) damaged my car - it closed on my car whilst I was driving out.I made a claim and received response from the law firm that is representing the defendant. I then made response to their response to cover all the points and provide extensive explanations to defendant as well as court. However representative of defendant replied:"We write in response to your "Response to the Defence" and note that, under Civil Procedure Rule ("CPR") 15.8(a), you are out of time to provide a reply to the defence, having filed your Directions Questionnaire previously (on 13 December 2017).
Further, under Paragraph 9.2 of the CPR's Practice Direction 16, you are not entitled in any reply to the defence to bring in new elements. This should instead be by way of an application for the Court's permission to amend your original statement of case.
In addition, a reply to the defence must be verified by a Statement of Truth in accordance with Part 22 of the CPR, which your "Response to the Defence" is not."I originally only wrote brief description of the claim due to the money claim format that only allows limited wording. I had planned to provide more details further in the process. But now I am told that I am not able to do that.I wanted to ask for advice, how can I make sure that my details will be received and court will not count my response as out of date. i would appreciate your advice.

Hello my name is ***** ***** I will help you with this.

Have you sent in the DQ yet?

Customer: replied 1 month ago.
Hello Jamie,
Here is the Claim History
You submitted a claim on 01/11/2017 at 14:19:45Your claim was issued on 02/11/2017GLADE MANAGEMENT COMPANY (BOURNEMOUTH) LIMITED filed an acknowledgment of service on 06/11/2017A bar was put in place for GLADE MANAGEMENT COMPANY (BOURNEMOUTH) LIMITED on 04/12/2017GLADE MANAGEMENT COMPANY (BOURNEMOUTH) LIMITED filed a defence on 04/12/2017DQ sent to GLADE MANAGEMENT COMPANY (BOURNEMOUTH) LIMITED on 04/12/2017DQ filed on 16/12/2017GLADE MANAGEMENT COMPANY (BOURNEMOUTH) LIMITED filed a DQ on 17/12/2017Your claim was transferred to BOURNEMOUTH AND POOLE on 17/12/2017
Customer: replied 1 month ago.
Surprising thing is that on 4th December I received Notice of Defence that Amount Claimed Has Been Paid where it was written that "Defendant says that amount you are claiming has been paid". However, I have not received any payment from defendant or any notification from them about it. As I understood, they disputed my claim and put the defence against it and claim was transferred to BOURNEMOUTH AND POOLE on 17/12/2017.
Customer: replied 1 month ago.
I asked defendant to clarify that but have not heard from them yet. Not sure how to understand it.

Ok. There is nothing you need to at this stage. The DQ will be given to a Judge to manage the claim.

The judge will five directions. You will get an order setting the matter down for trial and then when witness statements are to be given.

Therefore you do not need do anything at this stage. Witness statement will be due 14 days before the hearing, so you can say everything you want then and exhibit all documents.

Nothing you need do yet.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 month ago.
Surprising thing is that on 4th December I received Notice of Defence that Amount Claimed Has Been Paid where it was written that "Defendant says that amount you are claiming has been paid". However, I have not received any payment from defendant or any notification from them about it. As I understood, they disputed my claim and put the defence against it and claim was transferred to BOURNEMOUTH AND POOLE on 17/12/2017.
18/01/2018 11:20I asked defendant to clarify that but have not heard from them yet. Not sure how to understand it.

You don’t need to worry about that. The court will give directions and set the matter down for a hearing.

Just make sure you have all your witness statements prepared.

Does that clairfy?

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