Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
1. Yes, the Court would expect the parties to try and settle
2. Yes if he has Solicitors on record
3. No, this is usual
4. Sadly not, if you are suing an individual the rule is the claim is transferred to THEIR home Court
Claims under £10,000 are small claims and will go to a hearing if the matters is not resolved
Can I clarify anything for you about this today please?
Alex - 1-3 ok
4. In the notes field about hearing venue, it says "the case will usually be transferred to the claimants preferred court or the defendants home court as appropriate." This sounds like it is 50/50 as to where it might be held?
Therefore as I'm the claimant I thought I might be able to ask for a court near me?
No. The rules say where D is an individual it is the home Court of D.
Where D is a firm, then its at C's home Court
Ok so there's a difference between whether the defendant is a person or a firm
If a person then the defendant can choose location
No - they can't chose, it goes to their home Court
Does that help?
5. Hearing - So there is a distinct possibility that I will have to travel to Ipswich if the case goes to a hearing?
Yes but if you win you can claim travel
If so can I claim for loss of earnings / expenditure if I win?
Ok you've just answered it
Loss of earnings as well? Hotel accomadation?
Ok so a few more:
Form EX306 says I should contact the defendant (I read that now as their solicitor) BEFORE I send the questionnaire back to the court. Is this right?
For a small claim no
You can just send it to Court
Ok - when it says copy in "All Parties" does that mean the x2 defendants plus x1 defendants solicitor? If you recall I have put in a claim against both landlords, however only the one has engaged
Yes. You just send it to the Court and its a small claim
Yes, but I received a Directions Questionnaire from the solicitor as well as the Court. The Solicitor's one has the landlord actions listed on it and the Court one is blank for me to fill it out. Do I need to photocopy the one that I am sending to the Court and post it to the landlord's solicitor as well?
You can if you wish. Generally you just complete one copy and send to the court and other side
Ok so no hard and fast rules - send it to the Court yes, and as a courtesy to the solicitor i.e. it is not compulsory?
Yes that is right
Leading on from that
The documents that I receive from the solicitor's - I'm I at this stage to assume that they are just keeping me informed of what their client is doing, i.e. a cc approach?
In other words I do not have to interact with them - the Court will keep them informed of my actions?
Yes the Court will allocate the matter then set it down for trial
Ok coming to the Landlord's defence. He claims that he did not let property to me / did not receive a deposit from me / is therefore not liable
This seems a strange approach as I have a contract with his name and address on it
Well you dont worry about that at this stage, that is a matter of evidence
I thought he might be trying to hide behind the Estate Agents as it was through them that the property was let, and it was to them that I paid my rent and deposit. Could it be that he is insinuating that he never received any monies from me, because the agents did not do their job and pass it the deposit onto him?
I can't say, I havent seen his statement.
All you need to worry about at this stage is allocation - nothing else
The forms need to go back to the Court and you can send the Solicitor a copy
So scan the completed N149A form and post it recorded delivery to them and send the original back to the court?
First class post, no need recorded
Right - it seems that I have to fill this form in by hand, as I can't see a way to do it via the MCOL website?
Can I clarify anything else for you?
Ok so I still have to print it out - can't file it online
Yes cant file it online
Getting to the end
So in future will I be using the MCOL website at all, or will it be papers back and forth to the Court? i.e. I can't scan documents and upload them as evidence, it has to be paper copies?
No, you can't scan and upload, that is for issuing claims only
Right MCOL is simply to initiate a claim, and monitor status - after that it's back to paper
Is that right?
Ok final 2 questions
I see on the MCOL status that it says: "A bar was put in place for..." name of defendant etc - what does that refer to?
I have no idea. It means you cant enter Judgment, I assume because a defence has been filed
All of the above is in regards ***** ***** old landlord. I have heard nothing from the current landlord, despite sending him a pre issue letter and issuing against him at the same time. As he is not participating in the process do I just ignore him from now on?
No coping of letters etc to his address?
Yes dont worry about that - no need to send him copy letters
In other words deal only with the defendant who has replied
Yes that is correct
Ok good stuff - that should be it for now, though I imagine I will be back for another round!
Ok - please can I invite you to rate before you go, the button should be at the bottom of the screen
If you need more help please click reply
Got it will do, have a good evening