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JimLawyer
JimLawyer, Solicitor
Category: Property Law
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Experience:  Senior Associate Solicitor
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For JIM only: Jim Just following up on my dispute about a

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For JIM only: Hi Jim Just following up on my dispute about a car parking space. As you know we are also expected to try and settle it via ADR in the first instance. We have written to the defendant setting out our points and the required settlement. By Thursday we will have allowed 14 days. Is there anything else we might be expected to do before taking it to court please? William

Hi, this is Jim, thank you for the further question.
The only obligation on yourself is to try and settle this - the letter before action gives them chance to do this. They could reply to your letter and ask you to hold off issuing proceedings to allow any discussion to take place. The court would only expect you to have given the notice with the letter - there is nothing more to do and it's up to the defendant to try and avoid court action. They can easily do that by refunding you. You just need to wait until 4 pm on Thursday and if he has not replied by then you are free to issue a small claim which sounds worrying but in practice it happens every day of the week and indeed no lawyer is required. The small claim process is geared up for people without lawyers. You can use Just Answer for ongoing queries and this is a cost-effective way of ensuring you have the answers you need if you're unsure on something. Once you issue the claim the court will serve the documents on him and he has two weeks to acknowledge receipt - if he doesn't then you can request judgment by default meaning you win in default of him filing a defence. If he does acknowledge then he has up to 28 days from the date the court served the claim on him to file a defence. The claim is then defended and it could settle any point up until an informal hearing (which takes up to 3 hours usually) and a judge will decide. Once the defence is filed then court will send you a directions questionnaire which is simple to complete. If you have any concerns or other questions then please do come back to the site and I can assist you further. You never know, he may reply to you before close of business on Thursday. If not then your next step is to involve the court with a small claim.

I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.

Thanks for using our services and have a good day,
Jim

Hi, I’m just checking to see if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or address anything else for you.

Many thanks,
Jim

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