Second opinion] Help with MCOL Claim, London, UK, Submitted

Hello, my name is Peter, I’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I've reviewed your question - how can I assist?

It will be fast track for that amount. What help do you need with the questionnaire?

(I have viewed the responses from my colleague and note that you have already been through the form and the fees - so there's no need to repeat this information).

OK. I'm not able to give advice on the strength of the case as part of this service as it would require a level of service above the value of this post. I'll opt out as another colleague may be more willing to do so. Kind regards.

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you this evening.

The notice of proposed allocation to fast track will mean that your case will be allocated to the fast track - unless there is a reason why it shouldn't be allocated (e.g. if it is more complicated). The value of £13K means it will likely stay in the fast track due to the value being between £10,000 and £25,000.

You will need draft directions which I attach. You must send the completed DQ and daft directions to the court by 16th December (so post it well before to ensure it gets there). And a copy to the other side too.

You need no supporting documentation at this stage - that comes later with disclosure and exchange of witness evidence. The issues in this case are simple and concerns a consumer dispute, so the Fast Track is where this case will be for sure.

The evidence you have is enough to establish breach of contract under the Consumer Rights Act 2015. You should incorporate your evidence in to a formal witness statement (you will note from the draft directions that there will be a date in future where you have to exchange witness evidence with the other side). This is your chance to have your say on paper. If there is a final hearing you will be asked about the contents on the statement and cross examined (if the other side employs a barrister and likewise if you do the same, you can cross examine your opponent on the contents of their evidence).

Once the court has reviewed your directions questionnaire (and your opponent's) it will make an order for directions - I attach an N265 form which is needed for standard disclosure. And a template statement for you to use to save you the time of finding one online.

I hope this helps – if you can please rate the answer by clicking the 5 stars (the top of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

Note: in the draft directions there is a reference to expert evidence - you can delete that as you will not be obtaining an expert witness report in your case.

With fast track (or indeed multi track cases) then yet, the court requires a hearing to hear evidence from both parties but most cases do settle. If you wanted representation, I can recommend either http://www.lpc-law.co.uk or http://www.clerksroom.com who would provide you with an advocate (their fee being recoverable from the other side assuming you win the case). I would recommend you instruct one purely so that they can conduct the case efficiently and they can cross examine the other side effectively. It is money well spent in my view.

I can take you through the N181 if you wish, I don't have one already filled in I'm afraid. They aren't difficult to do.

Sorry, I just checked my computer and I found the attached which will hopefully help!

Your local county court to hear this case is "County Court at Central London" (where it asks you on the N181 which court you want the case to be heard at).

Also LPC Law (the advocacy company I mentioned) is only down the road from that court so they would be the best one to choose out of the two.

Please let me know if any of what I have said requires clarification. I am happy to help. In the meantime and when you have a moment could you either leave a rating and click “submit”, or confirm that I have answered your question for you, I would be very grateful.

Many thanks,

Jim

You will be able to claim lawyer's fees if you win - in a small claim you can't but in a fast track case you can.

To engage a lawyer, now - but they may not take on the case as you have already issued the claim. However you can come back to this site and I can help you (more cost-effective) or another expert on Just Answer can. Many other customers do this. But for an advocate, instruct once you have details for a hearing date.

Please come back again anyway and I would be delighted to help.

Before you go if you could please give the rating for the answer (that way I am credited by the site) and follow up questions are fine too. If you have questions over and above this one, if you could post a new one to the site (no extra charge if you are a member) and if you would like me to answer it just mark it "FAO:JIM only" and I will do so (I am around every day including weekends). And the same if you have a time-sensitive issues such as date in the directions - if you come back here I will help you as quickly as possible.

Yes, absolutely no problem and I will review it for you tomorrow to ensure it is correct.

And you too

On your N181 at the top, where it asks for name of the court, put in CCMCC

under your name, cross out claimant (or defendant), whichever you are

In section F, put in your name (and to the right, put in "facts of the case and value of the claim"

Apart from that all good.

You are the claimant so if you cross out "defendant" under the name at the top of the N181 on the first page.

You have a strong case in my view the consumer rights dispute - consumers generally do in these circumstances. You only need to show they "probably" breached the law , or 51% - which is the burden of proof in a civil claim.

And yes, one copy first class to MCOL and one copy to the defendant. Ensure you attach the draft directions to both copies

CCMCC = county court money claims centre.

You refer to them on the N265 list of documents (an example is attached) - which shows the evidence you have in your possession.

If you have further questions may I ask that you post a new question to the main site. It will not cost extra if you have membership. If you would like me to deal with the new question please mark it “For JIM only” and I will pick it up as soon as I can.

Many thanks