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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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I have been sent two notice of proposed allocation to fast

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I have been sent two notice of proposed allocation to fast track same claim number one in my company name and one in my personal name. I am the defendant and dispute these fully. doI need to fill in two N181 forms and in first box do I write defendant my name and company name and do I have to put claimants name also please
regards Mick
JA: Where are you? It matters because laws vary by location.
Customer: Leeds England
JA: What steps have you taken so far?
Customer: when the claim was made I sent a defense back to the court asking for them to be thrown out as all lies. I also have a small claim against them for £540 then they are wanting £14,000 of me now when all I wanted was paying for my time I invoiced them at £20 an hour
JA: Anything else you want the Lawyer to know before I connect you?
Customer: It was how to fill top box and what about the small claim I have to them, does that need to be filled in somewhere

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

Yes, if there is only claim number (for one claim) then put defendant 1 as your name and defendant 2 as the company name in the box. You do not put the claimant's name as this is your allocation questionnaire. You need to fill out draft directions to attach to the N181 form (copy attached for you to use).

In terms of the claim you can apply to strike it out as having no merit but that is done with form N244 and the court issue fee is £255 (which you get back if your application wins). Let me know if you want these documents. Also if there is a counter claim against you, you have to file "reply to defence and counter claim" at the same time as filing your N181. Again, let me know if this applies to you. I will be around after 6 pm if you need further help.

I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

Customer: replied 8 days ago.
Please send me the N244 form and any guides if possible. the small claim I have against them, i have had an email from the money claims saying they have asked for extra 14 days time to 28th of October

You should first write to them to invite them to discontinue the claim and give the 7 days to do this or you will apply to strike out.

You will need 3 copies of the bundle (N244, statement, draft order) and a covering letter to the court with a fee of £255 payable to HMCTS.

You can specify a telephone hearing and you ask the judge for an order that the CCJ is set aside.

If you want to do the application and send me a copy to check, I would be happy to do that. If you want an advocate to do the hearing for you, you can use http://www.lpc-law.co.uk who would charge around £250-£350 and the fee is recoverable from the claimant if your application succeeds.

I would go with the advocate as if your application succeeds (and I think it will) then their fee is recoverable from the other side - in addition to the £255 application fee.

Customer: replied 8 days ago.
one last question if I give them 7 days do I still need to fill N181 or would I do that at the same time as the N244

Yes, it is essential you send off the N181 in time regardless of any application you want to do

JimLawyer and 3 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Thank you, I may need more help later after I give them the 7 days, or would it be possible for you to check the N181 when I had done it to see if there is a bad mistake. will give you top rating now while I remember, many thanks Mick