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John
John, Solicitor
Category: Law
Satisfied Customers: 2392
Experience:  10 years legal experience
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I'm looking for legal advice regarding a money claim dispute

Customer Question

hi i'm looking for legal advice regarding a money claim dispute value of 20,000
JA: Where are you? It matters because laws vary by location.
Customer: liverpool
JA: What steps have you taken so far?
Customer: attended civil court, judge dismissed the case as there was no court order completed.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 14 days ago.
Category: Law
Expert:  John replied 14 days ago.

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. I may also need to ask you some clarifying questions to determine the legal position.

Expert:  John replied 14 days ago.

Thanks for your message, I appreciate it is important to you. How can I help you with this?

Customer: replied 14 days ago.
I had a business buying and selling vehicles from auctions. I decided to bring someone who I considered my friend alongside me. Long story short, I paid for 3 vehicles and had them delivered to a garage where this man then claimed ownership of the vehicles and took them to a different location I'm unaware of. This happened in 2020. I tried to communicate with him having no response so I reported it to the police who didn't help as all they did was give him a phone call and basically told me they can't get involved with something like this. I decided to make a claim against him in the civil court in hope I would be able to recover my vehicles and waited 2 years for the case to be taken to court however, the judge dismissed the case as it was missing the court order from myself. I got advised to start the whole process over again so I'm looking for legal advice and possibly help with the correct documents etc.Thanks for reading
Expert:  John replied 14 days ago.

Ok thank you. What is the value of claim you are bringing, and what court order was missing from yourself, do you know?

Customer: replied 14 days ago.
I was claiming £20,000 for the effect of my business and the return of my 3 vehicles which total value £60,000. The court order was missing from myself.
Expert:  John replied 14 days ago.

Thank you. However, I am unsure what court order you mean. Did they specify? To bring a claim for that value falls into what is known as the Multi Track. Did you serve a claim form, particulars of claim and then follow court directions?

Customer: replied 14 days ago.
I done my claim online and sent my witness statements etc but when I appeared in court the judge told me they were missing the court order from my side so then the case was dismissed
Customer: replied 14 days ago.
It was a fast track claim. I followed all court directions, the only thing that was missing from my documents was the court order.
Customer: replied 14 days ago.
34;Not more than 7 nor less than 3 clear days before the trial, the Claimant must file at court and serve an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 Civil Procedure Rules and Practice Direction 32 para. 27. The parties must endeavour to agree the contents of the bundle before it is filed. The bundle shall include an uncontroversial case summary (limited to 250 words)."This is the exact thing I missed out of my documents.
Expert:  John replied 14 days ago.

Ok my apologies, I thought you meant £60,000 was the value. I now see you were claiming £20k (which would be Fast Track) plus the return of your vehicles which total £60k in value.

You need to understand that a "Court Order" is a vague term and there are many court orders, usually provided by the court, and not the parties themselves. You can make applications to the court, hence I am asking what court order is missed that resulted in dismissal of a claim.

Can you upload the order the judge provided advising why it was dismissed for me to see? If not, then not to worry.

****

I am just reviewing your latest message and it makes more sense, thank you! So to comply with court directions, a paginated bundle of documents and case summary is necessary and if not completed would be in breach. It does take time to complete this, mores o if there is lengthy documents to attach. This may prove a lot for you to complete as it does take some time.

I would strongly suggest instructing a law firm to handle this on your behalf so they may complete this accurately for you. You can find a law firm here https://solicitors.lawsociety.org.uk/

If you wish to do it yourself, you are free to do so but you should do so, and return to the site once completed for a lawyer to check over the contents to ensure it is accurate. It may be a Premium service for this.

Customer: replied 14 days ago.
The judge dismissed the case so now I am wanting to make a new claim for the exact same thing I want to go through everything again but with all the correct and necessary documents.
Expert:  John replied 14 days ago.

Yes, understood. It seems you had the correct documents initially bar compliance with the court order requiring you to complete the bundle. If you wish to complete this, and let us check then please feel free to do so, we will be happy to help. But as stated, it will be a premium service to check the documents for you as it can take some time.

I would suggest you instruct a law firm though, to start this claim on your behalf. Due to it being a Fast Track claim, they can add their fees to the claim and recover it from the third party.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Customer: replied 14 days ago.
I am looking for someone to go through the whole case with me and provide guidance so I am able to deliver the correct documents and hopefully win the case. So you suggest contacting a lawyer? Are there any you recommend that will take on my case and give me the exact information and help I'm looking for?
Expert:  John replied 14 days ago.

Ok I see. Yes for a service like that, it is advisable to consult and ultimately instruct a law firm to assist you.

You will need a civil litigation lawyer. If you visit this page https://solicitors.lawsociety.org.uk/ you will see where it states "Your Legal Issue" you can filter this to find a lawyer. You should select "Money and Debt" and then enter your postcode or town and click search. It will then pre-populate with a list of law firms in your local area that can assist you with this.

Expert:  John replied 14 days ago.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.