Ok so until we do anything else we will wait until we receive formal confirmation from the court regarding directions. Will continue to work on a draft WS so we have a base to work on. I will update as soon as we receive any further communication in the post. Many thanks 1Penny

Ah ok, in post #188 you mentioned "No the claimant sets the time frame on the directions." So although the claimant mentioned in their Draft Directions "By 4pm on 16 May 2024 the parties must each give standard disclosure of documents by way of list by category" the court will confirm the Directions and dates, therefore N265 deadline will not be the same as what the claimant stated in their draft and we await further direction by the local court. Is my understanding correct ?

Hello AndyOrch The postman has just been and nothing has been received. Do we still proceed to send ours as per the list in post #204 ? The deadline is 4pm tomorrow 16th May as per the claimants Draft Directions. The court still is not confirmed, however we will put our local one which MCOL shows it has been transferred. The N265 for doesn't allow us to type in the signature box, so should we just print our name or sign with our signature ? I can send today by 1st class post today with proof of posting or tomorrow could deliver to the solicitors office by hand. Thanks for your help and assistance 1Penny

Ah ok I will see if we receive it in the post tomorrow before I go to work. We want to see theirs so we know what documents they will list ? If their N265 is not received then best to send ours so that we do not miss the claimants deadline as per their draft directions. What would happen if we did miss the deadline even by 1 day ? The claimant would use it against us in court ? I scanned and posted in #159 the claimants continuation sheet attached to the N244 where they give a background of the case and reference e-mails etc. After this I will continue to work on the WS which is also causing me anxiety. This will also be used to object to their SJ application. I will advise tomorrow if anything else is received.

Ok many thanks. I can see in MCOL which court it was transferred to but no communication/confirmation from that court yet. I will use the one that it has been transferred to as per MCOL which is our local one. I haven't mentioned any e-mails in the defence so will not add any to the list. I note the claimant solicitors references e-mails in their Continuation Sheet to their N244 application. If you think it is ok I will complete the N265 as mentioned in my post #204, and will send in the post tomorrow guaranteed next day 1st class with proof of postage. Is there any need for a covering letter or just send the N265 on its own ? We haven't received the N265 from the claimant solicitors yet. Thanks again for help and guidance and apologies for my questions about the filling of this form. Just anxious and was panicking a bit as work is so busy and I don't get much time.

Ok many thanks. We haven't yet finished the Witness Statement as that is still work in progres. So for the N265 that we will send I list it like this : Exibit 1a. Last page attached to claimants N181 Direction Questionnaire) - Pre-action protocols - Dated 16/04/2024 Exibit 1b. Copy of the Lease - Dated 4th September 1998 Exibit 1c. Statement of account - Dated 20/02/2024 Exibit 1d. CPR 31.14 Request - Dated 28/02/2024 Above I think are the only documents we can list unless you think that we should include any e-mails ? When it comes to our witness statement I will use the same numbering. We list these where it says "I have control of the documents numbered and listed here. I do not object to you inspecting them/producing copies" ? Do we sign (print name) and date in the boxes on page 2 ? On page 1 in the box on the right do we put "in the" (name of our local court) ? And we would tick Defendant under where it says Disclosure Statement ? Apologies if stupid questions but not done one of these before. I will look to post this first thing tomorrow if what I have put is ok ? We will each send our own copy to the claimants solicitors.

Ok so I should also list the e-mail communication where we offered the £400 per month as a payment plan ? Just need some help to complete the N265 as I don't think that all of the parts are relevant for a defendant ? Do we send our N265 forms (mine and partners) to just the claimants solicitors ? As mentioned the claimants draft directions stipulate that by 4pm on 16 May the parties must each give standard disclosure of documents by way of list by category. I read this as just to the solicitors and nothing to send to the court. We are still yet to hear from the court, but assume we would reference our local court on the N265 ? I want to try to send this today or if not tomorrow latest. I am a bit restricted as to what I can do in the office so apologies for all of the questions. Just anxious to meet the claimants deadline as per their draft directions.

Also do we send our N265 forms just to the claimants solicitors ?

Ok not sure regarding the section 20 notices helping.In the defence we have put the claimant under strict proof that the monies were legally demanded by way of section 20 notices so more on them to provide ? Are the 4 documents that I have listed sufficient do you think ? They are in line with the defence. How should the wording be when I list them on the N265 ? In terms of completing the form we fill in the claim details. We don't know for sure the court as we haven't heard from the court yet. We only have draft directions from the claimant.

Hello AndyOrch For the n265 please would the below list of documents be sufficient ? 1. Pre-Action protocols. Claimant confirmation that they have not complied or have only partially complied (last page of claimants N181 Direction Questionnaire) Dated 16/04/2024 2. Copy of the Lease - Dated 4th September 1998 3. Statement of account (up to 1st Feb 2024) - Dated 20/02/2024 (This shows a slightly different balance to the one included in the Claim form as theirs was only up to 24th Jan 2024) 4. CPR 31.14 Request - Dated 28/02/2024 With regards to the Claimants claim for interest under Section 69 of the County Courts Act 1984 where the amount is incorrectly calculated due to the account balance and also appears to be duplicated, should I list their POC ? Additionally should I include any e-mail exchanges (I don't have all as some went to junk and auto deleted due to an issue with my e-mail account and I was reliant on my phone for seeing e-mails) ? I don't have the last e-mail that was sent prior to the claim being issued. I guess that I can ask the claimant for a copy of this one ? The claimant has refused to action the CPR 31.14 request. Regarding the Section 20 notices relating to the major works, should I include if we have a copy ? Is there anything else that I should include in the list relevant to our defence ? Will the claimant send us a similar list via N265 ? They did include a Continuation Sheet with their N244 giving a background of the case. Just wondering how we know all of the documents that they will rely on. As always really appreciate any help and guidance that you can provide.

Ok thanks.I am glad I asked as have been waiting to hear from the court. I will look at the form n265 tonight and will post up before sending. Could you kindly give me guidance based on my defence in terms of what I should include.

Ok many thanks and we need to meet the 16th May deadline ? I send this to the claimant and which court (as we haven't heard from the court yet) ? I will look at this tonight as I am really restricted at work. Could I post up a draft for you to look at ? Really appreciate any help as feeling very anxious.

The draft directions are in post #149. Really would appreciate guidance as to what we need to do. Many thanks.

Ok so the deadline of 16th May what do I need to do ? "By 4pm on 16 May 2024 the parties must each give standard disclosure of documents by way of list by category" Sorry I am confused and very stressed now.

Ok so the court will order mediation ?