NFS Screeding Ltd, Company Registration No. 8945777 (Need for Screed) - **Judgment debt paid**

[Andyorch]

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2) As I want to claim interest on the cost of the commissioned report and not the cost of removing and redoing the job, do I tick he option to claim interest and enter the amount of the report?   I think I'm right in what I've assumed but wanted to be sure.

 

MCOL only allows interest sec 69 on the total debt claim it won't AFAIK let you break it down separately to exclude an item.

 

 

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[Andyorch]

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Should I being doing anything while I wait in advance of 11th?

 

Not particularly but you can keep your eye on the status on MCOL to see if they have acknolwedged service. 

[Andyorch]

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the claim status is still 'issued' on the 11th Feb

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Claim will be deemed as served on 28th Jan 

 

 

[Andyorch]

If deemed served 28th Jan the defendant has until 4.00pm 15th Feb to AOS...therefore you can't request judgment on.....

 

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Forward thinking, assuming NFS doesn't respond and the claim status is still 'issued' on the 11th Feb, I'm going to request judgement straight away on 12th.

 

[Andyorch]

If MCOL state the 11th then they must be including the 5 days service so go a head and try on the 11th....nothing lost it will either allow or won't.

 

ANDY

[Andyorch]

Wait until they file their defence

[Andyorch]

It would be advisable if you want opinion and further advice on how to proceed.

[Andyorch]

Redact anything identifiable to your claim and scan upload as a PDF

[Andyorch]

All fairly standard response...so next is to complete and file your DQ by the stated date. This will then move the claim to allocation which you will be informed of on N157 Notice of Allocation which will give you the courts directions on what you must do next...draft a statement and prepare your evidence.

 

Guidance...

 

 

 

[Andyorch]

13 minutes ago, MrPengu1n said:

ok, thank you!

 

In regards to the DQ -

 

• For 'suitability for determination without a hearing' - I'm not sure if I should suggest yes or no?  Based on my commissioned report I think it could be determined however NFS contest its content.  Should I go with yes and allow the court to decide? Yes always a hearing
• For 'expert witness' - do I consider my commissioned report for the surveyor that of an expert witness or is that something different? No you require permission to submit expert evidence
• For 'witness' - my wife was privy to the initial property visit where NFS attended and were disclosed key information.  Is she considered an eligible witness or it is not worth involving her too? Don't involve not necessary 

 

Regards my statement -  how should this be written?  Is it a rebuttal to the defence or is it a detailed account of the situation from my perspective including information, disclosures, dates etc?

 

 

 

[Andyorch]

Your statement is a particularised Indepth account of your particulars of claim in which you can refer to evidence (attached as an exhibit)

Take a look at examples of witness statements for form and content and layout.

[Andyorch]

A block to stop the claim proceeding.....usually because a party has failed to comply with a direction or failed to submit a document on time.

Could be they filled their DQ late and the court has issued them an " Or Else " order.

[Andyorch]

Yes that will be why the bar was placed.

[Andyorch]

3 hours ago, MrPengu1n said:

Update:

 

I received a confirmation letter to state that my claim has been assigned to the local County Court (Hertford).

 

Is there any way of knowing when it is likely for the case to be heard (or a rough idea of the time frame I can expect)?

Notice of Allocation (N157) or Proposed Notice of Allocation (N149a) ?

[Andyorch]

Fine come back when you get the above notices.

 

 

 

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[Andyorch]

Does it state which court ...your court ? as you are the litigant and they are a Company

[Andyorch]

Get it transferred back to Hertford by informing the county court.

[Andyorch]

Could be a court error worth a phone call to find out.

[Andyorch]

On 16/06/2023 at 12:20, MrPengu1n said:

Update:  Today I received the much awaited N157 Notice of Allocation to the Small Claims Track (hearing).

The location/date/time is all provided.

The information received advised that the court believes the the case is suitable for mediation.  I don't think it is.  I'm assuming there is no obligation to engage in mediation and it won't prejudice the claim in anyway? If you didn't opt for mediation on the DQ then no if you did then there is nothing lost participating you don't have to give an inch and stand firm but it may allow for the claim to be settled in full there and then without the need of the claim progressing to allocation (saving you on the hearing fee)

I have the date by which I must now pay the court fee and also a date by which I must serve to the defendant and the court a copy of all papers I intend to reply on in court.

My intention is to complete my witness statement, including reference to and a copy of the report that I had commissioned, along with pictures taken of the before and after (which back up my claims).  Is there anything else I need to consider providing? Lets wait until we see your draft

Can I share my witness statement here for review? Absolutely if you wish t to be checked  but upload it as a PDF not text to topic.

 

 

 

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[Andyorch]

Play your cards close to your chest...like a game of poker.

[Andyorch]

Updated Statement of truth required.

 

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

[Andyorch]

Yes

[Andyorch]

Don't forget to attach any exhibits that you have referred to or wish to rely on.

[Andyorch]

To your witness statement 

[Andyorch]