Claim form

waamo

As this is a small claim the court will sometimes just plough on without looking at things.

Assume that this is the case but contact the court and point out the previous instruction to them. They might stay it but I wouldn't count on it.

Alternately it could just be the court being slow to update.

Ronnie09

So basically fill out the questionnaire and follow everything they send me, it really isn't easy when u have kids running around and are trying to move house all on your own, and there is so much to take in it makes u fill dumb, but thanks anyway

Ronnie09

And ok thank u to waamo

Coupon-mad

Ronnie09 wrote: »

So basically fill out the questionnaire

Yes, as explained, question by question, by bargepole in the NEWBIES thread.

Ronnie09

Ok thank you

Coupon-mad

neveradullmoment wrote: »

Don't ignore this - you MUST complete the directions N180 questionnaire and serve a signed copy to the court (which can be done via email ) and to CEL - post this via first class post and obtain a certificate of posting. CEL have mail forwarding so do not use recorded delivery in this case.

Keep a copy of the signed N180 for yourself.


Email to use for court is ccbcaq@hmcts.gsi.gov.uk -

Another newbie who knows what to say, eh? A NEWBIE?

Ronnie09

ok so now I realise it was just a simple form and I was stressing for no reason.
so ive been reading other posts and came across the following:

Dear Sirs


[Claim number]


I enclose my completed Directions Questionnaire. When the District Judge considers what directions are appropriate in this case I would ask that s/he considers the following:


1. I request that the court makes an order under Rule 27.2(3) for the Claimant to provide the information requested by me. The information was requested because the Claimant's Particulars of Claim give scant information about the Claim or how the Claimant will prove it, and it did not comply with its obligations in 6(a)/(c) of the Practice Direction - Pre-Action Conduct. This leaves me in the difficult position of having had to file a Defence when I have very little understanding of the Claim I must meet and how the Claimant will evidence it. The information requested is all designed to make up for the failure to provide such information at the pre-action phase of these proceedings and to particularise the claim adequately (as required by Rule 16.4). I ask for a consequential order that I be permitted to amend my Defence, if I wish to do so, once this information has been provided.


2. Alternatively, the court may consider that the Claim should be struck out now pursuant to Rule 3.4, since the Particulars disclose no reasonable grounds for bringing the claim and/or are an abuse of process (they are so brief as to be incoherent), and/or because of the Claimant's refusal to comply with paragraphs 6(a) and (c) of the Practice Direction - Pre-Action Conduct.


3. If the court is not minded to make the order under 2 above, I also request an order for sequential service of evidence, rather than exchange (for the same reasons).


Yours faithfully


should I send this with my DQ?????????

Ronnie09

hi can someone please help ive received a general form of judgement or order from the court and now I'm not sure what to do.
it has been ordered that I
1) the particulars of the claim do stand as the claimants particulars of claim in the case
2) the defendant may send to the court and the claimant an amended defence responding to the particulars of claim if so advised
3) the parties must inform the court whether they wish to have a paper hearing (with no attendance in person) or a telephone hearing as suggested by the claimant
4) the file must be referred to a district judge in boxwork for further directions
5)any party affected by this order has leave to apply within 7 days of service to set aside stay or vary this order
WHAT THE HELL DOES THIS ALL MEAN?????
I have just been reading through some stuff on here and I came across irrelevant defence and what to avoid and it is mostly all the stuff I put in my defence letter.
Should I include that the manager at kfc told me to ignore the ticket and bring it in to them to be photocopied as they was building up a case to take CEL to court?

System

It's the court's reply to your letter to them with the DQ.

1) the particulars of the claim do stand as the claimants particulars of claim in the case

Judge is happy with there is a basis for a claim as explained in the Claimant's particulars. He is not asking them to be changed or explained.

2) the defendant may send to the court and the claimant an amended defence responding to the particulars of claim if so advised

An invite for you to look at the particulars again and revise your defence

3) the parties must inform the court whether they wish to have a paper hearing (with no attendance in person) or a telephone hearing as suggested by the claimant

The missing choice here is an oral hearing so if you want to have one, you will need to contact the court within 7 days. Otherwise it's paper-only or a phone call. [Is this the Eastern Circuit as they like paper hearings for parking cases?]

4) the file must be referred to a district judge in boxwork for further directions

Any reply you make will be reviewed by the judge and he may make other comments/Orders.

5)any party affected by this order has leave to apply within 7 days of service to set aside stay or vary this order

Standard 7 day option if you don't agree or want something changed. No cost if done within 7 days but it can cost afterwards.

Lamilad

Should I include that the manager at kfc told me to ignore the ticket and bring it in to them to be photocopied as they was building up a case to take CEL to court?

Something to that effect (properly worded) can go into your WS, if it gets that far.

Unless you plan to submit an amended defence?