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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Further to my enquiry of the 8th December 2015.I am in the

Customer Question

Further to my enquiry of the 8th December 2015.I am in the process of claiming £5K for loss of rent etc from the local council and after fulfilling all the legal requirements have reached the following point.14/12/2015 Claim issued and sent recorded delivery to CCMC
17/12/2015 Claim served by Court
21/12/2015 Acknowledgement of Service filed. Defendant defended the claim. N9 form sent.
14/01/2016 Defence & statement of truth sent by Defendant. Containing 14 defended items.
23/01/2016 Form N180 received together with Mediation Form
28/01/2016 Completed Form N180 returned by registered mail to CCMCC together with uncompleted Mediation Form. Application for Claim to be heard at Clerkenwell & Shoreditch Court.
01/02/2016 Completed N180 form received from Defendant.
15/02/2016 Notice of Allocation to the Small Claims Track (Hearing). Hearing to take place 12th April 2016.The Defendant yesterday emailed me requesting documentary evidence to be supplied two weeks before the 14 days limit for the legal production of evidence as follows:-
"We need to narrow down the issues in the claim and in particular we need to have a detailed breakdown of the figures your claim is based on, supported by evidence – for example, loss of rent will need to be supported by the copy of the last tenancy agreement, the tenant’s letter giving notice to quit, advertising of your property to let, prospective tenants’ and letting agent’s comments if any, etc. Would you be able to provide this by 11/03/2016?
The court may, if all parties agree, deal with the claim without a hearing. This would save costs and time to all involved. We will write to the court confirming that we agree to the court deciding the claim without a hearing. Please write to the court to confirm whether you agree or not and copy us into your correspondence. "I can obtain all the information the Defendant requires but three weeks ago I tried to obtain information from the Council but was informed that I am on no account to contact this particularly relevant witness (Mr C) as it will not be allowed. MrC has already verbally confirmed to another witness the facts of these events and MrC has already been identified in the defendants Statement of Truth. Can I insist on the defendant producing MrC's evidence?
I have written and photographic evidence proving that all but two of the 14 defences contained in the Defendant’s statement of truth are not credible and are completely erroneous.
Should the written evidence I have been asked to produce 14 days before the Hearing, include my detailed and substantiated oral information or should I await the possible cross-examination procedure when the oral information would have more impact?Pamela Khan
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.Its a small claim so parties only need to file and service evidence which they seek to rely upon.So if the council dont want to rely on evidence of Mr C then they dont have to send his evidece.Its up to you whether you want a hearing or not - I would have a hearing if I were you in case the Judge has questions.But you only need to provide evidence 14 days before the hearing, they can send you their evidence now, but you are not required to send it until 14 days before the hearing.Can I clarify anything for you about this today please?Alex