Money Claim

waamo

Declan1992 wrote: »

Hi,

Quick update they have rejected my counter claim and I’ve recieved the Questionaire. After returning this are you then given a date and time and location or does it go for a review before your given all that?

The process is pretty much automated from now on. It gets allocated to a court and in a few weeks a judge will look at it to acquaint themselves with the case.

Make sure you read the paperwork as it will contain instructions on what to do and when.

Manxman_in_exile

Quick turnaround.

Declan1992

Manxman_in_exile wrote: »

Quick turnaround.

I thought that but I answered the case on Friday/Saturday I think it was and as it’s online the claimant just reads what you say and decides.

Guess he must want his day in court before Christmas.

So it goes to a hearing regardless now? I wasn’t sure if a Judge was to look and decide if it was worth it in the first place.

Will I receive all the information on do’s and dont’s after I send my questionaire back?

waamo

Declan1992 wrote: »

I thought that but I answered the case on Friday/Saturday I think it was and as it’s online the claimant just reads what you say and decides.

Guess he must want his day in court before Christmas.

So it goes to a hearing regardless now? I wasn’t sure if a Judge was to look and decide if it was worth it in the first place.

Will I receive all the information on do’s and dont’s after I send my questionaire back?

Nothing will happen before Christmas. It has been a very quick turnaround. Don't rush, it won't speed anything up.

Courts currently have a waiting time of around 6-8 months for a hearing so it isn't going to be quick. It can take up to a nearly a year in a busy area.

Send your Directions Questionnaire back and wait for it to be allocated to a court. You will get further instructions in a few months but essentially you will have to do a Witness Statement. Google for examples so you are prepared.

Declan1992

waamo wrote: »

Nothing will happen before Christmas. It has been a very quick turnaround. Don't rush, it won't speed anything up.

Courts currently have a waiting time of around 6-8 months for a hearing so it isn't going to be quick. It can take up to a nearly a year in a busy area.

Send your Directions Questionnaire back and wait for it to be allocated to a court. You will get further instructions in a few months but essentially you will have to do a Witness Statement. Google for examples so you are prepared.

Hey, there’s an option to email the form also. Should I do that rather than post it?

Do you receive written confirmation of receipt if you post it?

waamo

Declan1992 wrote: »

Hey, there’s an option to email the form also. Should I do that rather than post it?

Do you receive written confirmation of receipt if you post it?

Email to the court and post to the other party is a good rule of thumb. If you email put the claim number in the subject line. You get a receipt if you email.

DoaM

I still don't think the OP has read the guidance in the dropbox link in his other thread. If he had he likely wouldn't be asking all these questions.

Declan1992

DoaM wrote: »

I still don't think the OP has read the guidance in the dropbox link in his other thread. If he had he likely wouldn't be asking all these questions.

Hi I did read post #4 on that thread but the guide is outdated as to what the layout and process is now I believe really.

However I found the other link in that thread quite useful and intend to use some of it when my witness statement arrives as it does state ‘slander’ can only be bought into a high court and after strict protocol have been followed whereas in my case I didn’t even get a reply to a message or an official complaint which in there own claim they stated they recieved and no action before letter or anything.

So I think my case is pretty strong and that’s minus the proof I have for my words being truthful backed by evidence in the form of photos and messages and I can’t see how the claimant could possibly prove lost business in which they are claiming for.

Declan1992

Hi,

I’m filling in the directions questionnaire at this moment in time and section C states track. Now as this case is for what the claimant is proposing as slander and has caused lost business.

Should i cross No and as my reason give the following?

County Courts Act 1984, explains that the county court does not have jurisdiction to hear and determine any defamation action.

Thoughts?

DoaM

Track? I wouldn't have thought a defendant would put anything there. (Not sure a claimant would either).

Small Claims track
Fast track
Multi track

https://www.lovetts.co.uk/blog/the-difference-between-small-claims-and-fast-track-multi-track

To my knowledge, defamation claims (slander, libel) cannot be heard in the Small Claims track. Therefore it would go to Fast track ... costs are not limited in Fast track, so (assuming you won) you'd be able to claim all your costs back - even costs for hiring a solicitor.