MCOL HELP

robertow88

Hi could someone please help with a quick query. I've submitted a claim against a company via MCOL I filled out the particulars in the box online but the defendent has come back stating they lack particulars and evidence and deny the claim. Am I able to provide additional particulars and/or evidence at this stage? It's now at mediation stage? Not sure what to do. I've got tons of evidence. My particulars was just a paragraph summarising the claim? Please help

KeithP

Is this anything to do with parking?

If not, perhaps LegalBeagles would be a better place to ask that sort of question.

Coupon-mad

robertow88 said:

Hi could someone please help with a quick query. I've submitted a claim against a company via MCOL I filled out the particulars in the box online but the defendent has come back stating they lack particulars and evidence and deny the claim. Am I able to provide additional particulars and/or evidence at this stage? It's now at mediation stage? Not sure what to do. I've got tons of evidence. My particulars was just a paragraph summarising the claim? Please help

You are required to submit a witness statement and evidence.  The court Directions will tell you.

robertow88

Coupon-mad said:

robertow88 said:

Hi could someone please help with a quick query. I've submitted a claim against a company via MCOL I filled out the particulars in the box online but the defendent has come back stating they lack particulars and evidence and deny the claim. Am I able to provide additional particulars and/or evidence at this stage? It's now at mediation stage? Not sure what to do. I've got tons of evidence. My particulars was just a paragraph summarising the claim? Please help

You are required to submit a witness statement and evidence.  The court Directions will tell you.

But at what stage would I send those in? I have already submitted the claim with brief particulars and they've replied back denying the claim and suggested mediation? So do I submit evidence before mediation, at mediation or do I wait and see what mediation does and then if we can't agree I submit evidence after?

Boat_to_Bolivia

KeithP said:

Is this anything to do with parking?

If not, perhaps LegalBeagles would be a better place to ask that sort of question.

As above. Is this to do with parking?

If it is then it's a firm NO to mediation.

robertow88

Sorry no its not a parking firm but I've followed the same route and didn't know where to post. Everyone has helped me massively in the past in defending a claim but this is a claim I made against a firm and just wasn't sure if I could submit evidence after making the claim and if so at what point as the MCOL website didn't ask me for any

KeithP

Evidence comes later - at Witness Statement time.

Caveat...
that's certainly true of a Defendant, but isn't a Claimant expected to show the Defendant the basis of their Claim before resorting to legal action?

Coupon-mad

robertow88 said:

Sorry no its not a parking firm but I've followed the same route and didn't know where to post. Everyone has helped me massively in the past in defending a claim but this is a claim I made against a firm and just wasn't sure if I could submit evidence after making the claim and if so at what point as the MCOL website didn't ask me for any

This is the same process.  You will get WS stage.

robertow88

KeithP said:

Evidence comes later - at Witness Statement time.

Caveat...
that's certainly true of a Defendant, but isn't a Claimant expected to show the Defendant the basis of their Claim before resorting to legal action?

I have been back and forward with the defendant for 18 months on email and I've sent a letter before claim and I've summarised in the particulars or the claim so they are aware of why the claim has arisen I know there response about lack of particulars is just a get out and doesn't worry me. It was more so the evidence part I was worried I had missed the stage of providing evidence.

My next dilemma is if to accept mediation now. My view is what harm can it do? If I don't come to a middle ground I can proceed to court??

robertow88

Coupon-mad said:

robertow88 said:

Sorry no its not a parking firm but I've followed the same route and didn't know where to post. Everyone has helped me massively in the past in defending a claim but this is a claim I made against a firm and just wasn't sure if I could submit evidence after making the claim and if so at what point as the MCOL website didn't ask me for any

This is the same process.  You will get WS stage.

Thank you. I can relax a little now. Would you advise against mediation? 

B789

robertow88 said:
My next dilemma is if to accept mediation now. My view is what harm can it do? If I don't come to a middle ground I can proceed to court??

We have no idea what your claim is about so it is difficult to advise. However, for parking charge claims we always advise against mediation. If you do decide to try mediation in your case, whatever the outcome, it will have no bearing on the claim if neither you or the defendant accept the mediators suggestions.

For now, having seen the defendants defence, you have to decide whether you wish to proceed with the claim. At some stage, you will have to submit your N180 DQ as will the defendant. After that, your case will be reviewed and allocated to a track and most likely to the a court local to the defendant and a hearing date assigned. Once the hearing date is assigned, both you and the defendant will be given a date by which you must submit your "bundle" which includes your witness statement and evidence to support your claim and the defendants WS and evidence.

Which stage are you currently at?