4 years later I get a County Court Claim, what a privilege!

Coupon-mad

Gili said:

Just a quick update, received a letter through proposing the judge proposes to dispose of the claim without a hearing on the papers alone in a few months time. 

And unless you want to lose, you know what you must URGENTLY do to respond to that unsuitable idea. 

We have to assume everyone here reads @bargepole’s advice about the claim process, linked in the NEWBIES thread under the red heading ‘IMPORTANT - KNOW WHAT HAPPENS WHEN’. 

The NEWBIES thread also points newbies to read ‘TELEPHONE HEARINGS’ which is a thread that tells people how to respond to a silly order suggesting what a good idea it would be to make the consumer lose by setting them up in a ‘battle of the papers’ against a firm who do court papers for a living. 

Fruitcake

Gili said:

Just a quick update, received a letter through proposing the judge proposes to dispose of the claim without a hearing on the papers alone in a few months time. 

As above, you must urgently respond and say NO! to the case being heard on papers.

Gili

A few questions:

1. Can the N159 be submitted electronically? I cannot seem to find any information suggesting this. 
2. I've now been emailed a bundled copy by VCS. Do I know modify my defence to include images and refer to the subjects as I originally intended? 

Thanks 

Gili

KeithP said:

Gili said:

A few questions:

1. Can the N159 be submitted electronically? I cannot seem to find any information suggesting this. 

Thanks 

Look again at that list you were following when you filed your Defence.
Start reading it again at the point...
6. After filing your Defence, there is more to do.

Gili said:

A few questions:

2. I've now been emailed a bundled copy by VCS. Do I know modify my defence to include images and refer to the subjects as I originally intended? 

Thanks 

No you cannot modify your Defence.
You need to refer back to the second post of the NEWBIES thread.
Everything you need to know is detailed there.

Thanks Keith, I've read this a few times. I don't understand if I bundle my WS into the copy VCS sent? 

Also I cannot find information on responding to the N159, can this mailed to CCBCAQ?

Le_Kirk

The N159 is a Notification of Allocation to the small claims track; are you perhaps meaning the N180 - the DQ?

KeithP

Sorry, deleted my earlier post as it was wrong.

You should return the completed N159 to whoever sent it to you - the hearing court. 
You should also send a copy of that completed form to the Claimant.
Email is fine.

Haven't the court given you directions on compiling a bundle?
Maybe that guidance will come after you have told the court that a hearing 'on the papers' is not acceptable.

Gili

Le_Kirk said:

The N159 is a Notification of Allocation to the small claims track; are you perhaps meaning the N180 - the DQ?

The N159 response is a reply to the court that:

"I do not agree that the claim be dealt with on the papers alone.

I have sent a copy of this completed form to the other party." 

KeithP said:

Sorry, deleted my earlier post as it was wrong.

You should return the completed N159 to whoever sent it to you - the hearing court. 
You should also send a copy of that completed form to the Claimant.
Email is fine.

Haven't the court given you directions on compiling a bundle?
Maybe that guidance will come after you have told the court that a hearing 'on the papers' is not acceptable.

The only information provided is that I should prepare copies of all documents I intend to rely on including any witness statements which should be sent to the court and opponent 14 days before the hearing. 

Gili

I've had a change of circumstances at work, I will be posted abroad during the hearing but I'm relying on this now being over the phone. 

Can anyone please verify if it's an actual phone number or VOIP? Either way, I'll be able to attend a phone call.  

KeithP

Gili said:

The only information provided is that I should prepare copies of all documents I intend to rely on including any witness statements which should be sent to the court and opponent 14 days before the hearing. 

Then that is what you must do.

If the hearing is to be some sort of remote hearing, then you can expect further instructions, but you must act on the instructions you have already been given.

Gili

Is there any further information on the following:

"Each part may file in court a concise written response to the documents served by the other party."

I had a look in search and the FAQ an dI can't find anything on how the format should appear and ordering within the bundle? 

Many thanks all.