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Hello my name is ***** ***** I will help you with this.
What is the application for?
When you say which heading you mean at the top of the statement or application notice?
Hi Alex, summary, i have a buy to let property, got into arrears, property placed with receivers
i am now trying to claim back charges which put the property into arrears in the first place
i can only afford the small claims court £10,000 claim
my case would be failure of data protections over a 6 year period, with mail going to 3 different addresses (not the correct one) I have a letter from the ICO confirming 'based on evidence supplied' it is likely a breach did occur
which heading shall i put for this on the N1 form>
are you in 'the chat' or 'out of the chat'?
I am here, although if I switch screens it says I am gone
I am not with you. The heading on which part of N1?
on the small claims court form
Yes N1 - I am with you up to that point
i don't want my case to be thrown out as i haven't completed the N1 properly, so i wanted you to advise my which Headings do i use
ok - lets go through N1.
Why are you not issuing online?
Its cheaper for you
£410 as opposed to £455
i can claim the fee back as on benefits
you can't use the fast track system if claiming a fee remission, i don't think so anyway
Oh I see, right ok.
I know data protection is unlimited
but shall i stipulate i want £10 for this alone?
Yes you can't use Moneyclaim with fee remission
Ok - lets go through the form
In the (insert local court name here) County Court
In the xxx County Court
Claim number leave blank
Claimants name and address - you
Defendants name and address - them
I've got all that, shall i attach my evidence? I have paid £60 for the plus service, I don't know if that is included
No no no
sorry Alex, when i say attach my evidence, I mean is it possible with the highest subscription on Just Ask for you to look at at?
Brief details of claim - you put a summary
value - you must put the Claimant expects to recover less than £10,000
Particulars of claim - you set out detail of the claim
As for documents etc you DONT attach these.
If the matter is contested it will be set down for trial and 14 days before the hearing you provide a witness statement and all the evidence which you seek to rely upon
Not at this stage
oh i see, but i have had one application rejected as
You have not provided the court with enough copies of the claim form, particulars of claim and all supporting documents for service, the court requires one cope for the court file and one copy for each defendent. Please note that the court does not return any copies ofthe claim form to the claimant, therefore, you may wish to keep copy for yourself
You need to include 3 copies of the claim form and particulars of claim
One for you, one for Court and one for Defendant
But its not all the evidence.
If you are claiming breach of contract, you include the contract
ok so would i say
ok, so i state Data Protection Breach, shall i put already confirmed by the IOC
If it is a breach of Data Protection then yes you can claim this.
You dont put its been confirmed by the IOC, that is a matter of evidence for trial
right, when you say less than £10K shall i put £9,999 in the amount claimed box?
would the following be acceptable as Brief details of claim>
No - you just put the statement: The Claimant expects to recover less than £10,000
Above small claim is £10,001
can i claim for misleading/false information from the defendent
Only if you have suffered a loss
how do i word it
revenue lost from false information by the defendent?
You need to get out the misleading false statements, the fact you relied on it, why it was wrong and what you have suffered as a result
Defendent changed T&C's over the phone and failed to confirm in writing?
So you can set out your stall and say what the claim is about etc.
But provide all the evidence when it comes to trial
can i claim for the bank breaking their 8 week code to respond
Thats between them and the regulator.
That just adds though about how bad you have been treated.
can i put not treated fairly and properly
Yes you can, that is not a head of claim but adds to their conduct
ok, can i type it and then cut and paste it and send it to yourself?
You can but I havent seen all the evidence.
I can only direct you to what to say and to the rules that govern this.
i appreciate that, do you have an email or do i have to do it on here?
It has to be here.
ok, I will come off line now and be in touch in 15 minutes if that's ok?
hi alex are you there?
ok, i am happy with my summary
but going back to the amount claimed on the N1, you said, state less than 10K but the box seems to request a specific amount, and you say i can't put £10K i have to stipulate 'less than 10K'
Ok - where it says value of claim where the text is - you put the statement there
in the value box in the right corner, you do have to put a value figure there
can i put 10K in the box?
The right bottom box yes
thank you, ***** ***** thing I am enclosing a Mckinzie Friend letter for the court, do both the clamant and the actual Mckinzie friend have to sign it?
In any event its a small claim, your friend can represent you.
As long as you are at Court
You dont even need to worry about this at this stage.
yes but the court have requested a mckinzie friend letter as I have given the friends name for court papers to be sent to
Ok, thats fine.
thank you alex
sorry one more thing
with regards ***** ***** costs, can i put an amount down due to the work of my Mackinzie friend?
No. Its a small claim, you can't claim legal costs
right, nearly finished
can my mckinzie friend sign for me under litigation friend?
No, you need to sign the pleadings etc
Only a Solicitor etc is authorised to sign or where there is a litigation friend (ie under 18 or capacity issues)
what are the pleadings?
Sorry claim form
I don't understand, in the 'statement of truth' box do i have to sign or can my mckinzie friend sign?
Can I clarify anything else for you?
Can I ask you to rate my answer before you go - the button should be at the bottom of the screen
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