SCS Law Letter before claim for multiple PCNs-over £1000!!

KeithP

GailB1977 said:

Hi. I have received a N180 from the Civil National Business Centre which has an additional question to those detailed above. It is:
Suitability for determination without a hearing (on papers)
I would like to say no, but they want a reason. Any suggestions? 

@GailB1977, Please keep queries about your predicament to your thread.
But the second post of the NEWBIES thread has the answer to your question.

Eminowa

System said:

You wait for the DQ from the court and this is how you fill it out. If the DQ does not arrive within a week, check with the court.

Filling out the form

A1 = Say NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you). Mediation is run by a commercial company on behalf of the courts and their success is measured by how many cases are kept out of court. They are not interested in the merits of the case, only whether you will pay or not. So say No.

B = fill in all the details, your name, your address, etc. This is the address that all the paperwork will be sent to. If you are moving home within 6 months make sure you have mail redirection in place. You will get a default CCJ if the paperwork doesn't get to you as the Courts see it as your responsibility to give a correct address.

C1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in value

D1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there. They will ask for theirs but protocol dictates it is your court. For example, MIL Collections always asks for Truro and Devere Parking always ask for Bournemouth. You, literally, do not want to go there.

D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

D3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)

D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

You send a copy to the courts and another copy to the Claimant company. Keep a copy for yourself. As mentioned before, there is a long delay (20+ weeks) between this form and an actual day in court.

A quick update to the D.Q questions as they have slightly changed.

A1 = Say NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you). Mediation is run by a commercial company on behalf of the courts and their success is measured by how many cases are kept out of court. They are not interested in the merits of the case, only whether you will pay or not. So say No.

B = fill in all the details, your name, your address, etc. This is the address that all the paperwork will be sent to. If you are moving home within 6 months make sure you have mail redirection in place. You will get a default CCJ if the paperwork doesn't get to you as the Courts see it as your responsibility to give a correct address.

C1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in value

D1 = Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge reading and considering the case papers, witness statement and other documents filed by the parties, making a decision, and giving a note of reason for that decision                                                Yes              NO

if No, Please state why not.

E1. At which county court centre would you prefer the small claim hearing to take place and why?

E2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

E3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)

E4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

E5. Do you believe you, or a witness who will give evidence on your behalf, are vulnerable in any way which the court needs to consider?
if yes Pease explain in what way........

Eminowa

I didnt answer the question due to the fact that I am not an expert. However, I thought I needed to let the forum know the questions ha slightly change. 
I leave the questions for the forum expert to kindly update with the answers for filling out the the D.Q. 
Thanks

KeithP

@Eminowa, you have not discovered something new. 
This thread - New Questions on the N180 Form - should help.

Those new questions were introduced nearly two years ago.

Coupon-mad

And it's in the NEWBIES thread.

Eminowa

KeithP said:

@Eminowa, you have not discovered something new. 
This thread - New Questions on the N180 Form - should help.

Those new questions were introduced nearly two years ago.

oh my bad...i didnt see it then. am so sorry. i saw the ones from 2016

Fairguy861

Eminowa said:

System said:

You wait for the DQ from the court and this is how you fill it out. If the DQ does not arrive within a week, check with the court.

Filling out the form

A1 = Say NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you). Mediation is run by a commercial company on behalf of the courts and their success is measured by how many cases are kept out of court. They are not interested in the merits of the case, only whether you will pay or not. So say No.

B = fill in all the details, your name, your address, etc. This is the address that all the paperwork will be sent to. If you are moving home within 6 months make sure you have mail redirection in place. You will get a default CCJ if the paperwork doesn't get to you as the Courts see it as your responsibility to give a correct address.

C1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in value

D1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there. They will ask for theirs but protocol dictates it is your court. For example, MIL Collections always asks for Truro and Devere Parking always ask for Bournemouth. You, literally, do not want to go there.

D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

D3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)

D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

You send a copy to the courts and another copy to the Claimant company. Keep a copy for yourself. As mentioned before, there is a long delay (20+ weeks) between this form and an actual day in court.

A quick update to the D.Q questions as they have slightly changed.

A1 = Say NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you). Mediation is run by a commercial company on behalf of the courts and their success is measured by how many cases are kept out of court. They are not interested in the merits of the case, only whether you will pay or not. So say No.

B = fill in all the details, your name, your address, etc. This is the address that all the paperwork will be sent to. If you are moving home within 6 months make sure you have mail redirection in place. You will get a default CCJ if the paperwork doesn't get to you as the Courts see it as your responsibility to give a correct address.

C1 = YES to small claims track – this is the limited costs track for claims up to £10,000 in value

D1 = Do you consider that this claim is suitable for determination without a hearing, i.e. by a judge reading and considering the case papers, witness statement and other documents filed by the parties, making a decision, and giving a note of reason for that decision                                                Yes              NO

if No, Please state why not.

E1. At which county court centre would you prefer the small claim hearing to take place and why?

E2 = NO to expert evidence (this relates to medical negligence cases and suchlike)

E3 = 1 witness (that’s you) (or more if you are going to get another person to provide a statement)

E4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

E5. Do you believe you, or a witness who will give evidence on your behalf, are vulnerable in any way which the court needs to consider?
if yes Pease explain in what way........

Sorry, for the revised D1 do I answer yes or no?

Coupon-mad

Obviously no. The NEWBIES thread itself already covers that question.

Spammer6

The n180 docs have changed again. Fyi 

Coupon-mad

Not in a way that needs any advice though. It's a simple enough form.