Small Claims Court Letter - N.Ireland.

Umkomaas

Ticket Example

https://www.docdroid.net/jiGMAgn/cps-ticket-1.pdf

Court Statement

https://www.docdroid.net/0DgKCHJ/courtclaimstatement-1.pdf

Has the Court given you instructions on what you need to do? To my untrained eye, this appears to be a kind of 'notice of intent', rather than a formal court claim. But, I'm no expert.

Can you make some enquiries with the named court to ascertain the status of this letter - and what it is you shoul now do.

MercurialNo.10

It's 100% a court claim, letter headed paper covering letter with the documents...I'm unsure of the different ways courts operate in the UK, but it would appear this is the first notification of intent to claim that I can dispute, admit liability to or counterclaim etc.

It is official though and has a deadline.

Coupon-mad

MercurialNo.10 wrote: »

Isn't disputing the claim and defending the case 2 different things? This is a response to the first stage of the small courts process.

I'd say no...but I can't be sure of the NI legal process, and none of us here know it.

... but why not see if you can get some free advice for 15 mins from a solicitor or local free Law Centre?

https://www.advicenow.org.uk/articles/get-advice-northern-ireland

A Law Centre would be MUCH better (usually) than CAB, in our experience in England/Wales.

MercurialNo.10

Even if it went to court and I lost, it wouldn't bother me one iota. (I don't particularly need a good credit rating and am not a worried about non-criminal matters!)

Umkomaas

letter headed paper covering letter with the documents

But you don't seem to have shown us those. We can't possibly attempt to even guess, let alone advise, on half a story.

MercurialNo.10

It's not half a story. The letter is from the Courts and Tribunal Service.

It has a Case Number and ID Number and is on the Courts online system.

[You have received, in this envelope, details of a claim made against you which has been issued for the Small Claims Court. The application for will contain a claim number, which should be stated in any communication with the Civil Processing Centre. It will also state if the claim is liquidated or unliquidated.]

Umkomaas

Well, none of that can be seen in what you have linked. So what is the court telling you to do?

Think it best I butt out at this stage.

MercurialNo.10

I need to dispute their statement of claim.

I'm asking for help with the wording of it as a response to their statement which I copied and linked if anyone can possibly help.

I know they cannot prove who was driving.

Coupon-mad

This is new for us, never seen an NI one before!

I found this though, so you have 21 days only:

http://www.legislation.gov.uk/nisr/2002/255/schedules/made?view=plain

Defending the application
10. If the respondent intends to defend the claim or rely on a counterclaim he must, within 21 days of receiving the copy Form 125, lodge with the small claims office a notice of dispute in Form 126A which sets out the details of his defence and of any counterclaim he wishes to make, together with the appropriate fee*.

11. On receiving a notice of dispute, the officer must send a copy to any other party and advise all parties of the date of hearing.

* we assume the fee is only if counterclaiming, as per usual!

MercurialNo.10

The fee is for counterclaiming, so how do I word it best to dispute their statement?