small claims court process

stevemej

Marktheshark wrote: »

If they have not sent the defence by post in the correct manner, ignore the e-mail if its directly from them.
I know everyone says, ooo play fair, but if they fail to file a defence on time they just hand you the game.
Unless you slip up and told them it arrived by E-mail, I would ignore it ask them to prove in court they posted it.

I get what you're saying Mark but I really think we have it in the bag without being arsey. We will leave that to J2. I'm certain they filed the defence to the court on time it was just us that never received it.
If they didnt send it to the court then it will be a slam dunk.

Marktheshark

Huge mistake I would say, under estimating them.
You use everything at your disposal.
Also you have no way of knowing if what they e-mailed you is the one they will use in court.
If you have a unsealed court bundle they can drop the new one in your lap in the waiting room.
The legal briefs do this for a living, so be warned here.
If they failed to post you the defence they intend to rely on, you have them a blinder.
Fail to use that to your advantage and you had better hope the don't have any cards up their sleeves.
Certainly seal your court bundle, red string will do, open in court.
Ignore any papers they try to place on top of it.

stevemej

Marktheshark wrote: »

Huge mistake I would say, under estimating them.
You use everything at your disposal.
Also you have no way of knowing if what they e-mailed you is the one they will use in court.
If you have a unsealed court bundle they can drop the new one in your lap in the waiting room.
The legal briefs do this for a living, so be warned here.
If they failed to post you the defence they intend to rely on, you have them a blinder.
Fail to use that to your advantage and you had better hope the don't have any cards up their sleeves.
Certainly seal your court bundle, red string will do, open in court.
Ignore any papers they try to place on top of it.

So should we use their emailed defence in our bundle?

stevemej

Well its signed by their commercial director as a statement of truth so they are going to have even more egg on their face if they turn up with a different defence at court.

stevemej

I'm filling in form N180 - on the guidance notes there is a bit about fees but on the form I have there is no mention of fees only that 'further information on fees is in leaflet EX50.

are there any fees to be sent with form n180.


thanks in advance.

Vauban

stevemej wrote: »

I'm filling in form N180 - on the guidance notes there is a bit about fees but on the form I have there is no mention of fees only that 'further information on fees is in leaflet EX50.

are there any fees to be sent with form n180.


thanks in advance.

Used to be a fee - now it's just the initial fee and the hearing cost.

stevemej

Vauban wrote: »

Used to be a fee - now it's just the initial fee and the hearing cost.

So they will come back with a date and location for the hearing with an instruction to provide particulars/court bundle.

NoviceAngel

stevemej wrote: »

So they will come back with a date and location for the hearing with an instruction to provide particulars/court bundle.

Yep, that just about sums it all up!