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

[MrPengu1n]

I checked this morning and an acknowledgement has ben filed:

NFS SCREEDING LTD filed an acknowledgment of service on 07/02/2023 at 08:05:54

 

In the N9CPC Response Pack form, the option ticked is: I intend to defend all of this claim

 

The form is signed by the director/owner of NFS, however, they have not noted their position held in the adjacent box to the signature - is that of relevance/consequence?

 

Are there any materials I now need to gather in anticipation of a defence submission or wait for the defence to be filed and address all matters at that point?

 

[Andyorch]

Wait until they file their defence

[MrPengu1n]

If / when I receive the defence, do I scan and share here (redacting any personal information)?

[Andyorch]

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

[MrPengu1n]

well yes, lol, but what I meant was format of how to share it  

[Andyorch]

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

[MrPengu1n]

I received the Notice of Proposed Allocation to the Small Claim Track on Saturday and have scanned and attached this along with the enclosed following items:

 

• Proposed Allocation to the Small Claim Track (N149a)
• Direction questionnaire (small claims track) (N180)
• Defence and Counterclaim (N9B) - added to next post due to file size

Awaiting instructions for next steps - I noted NFS has not submitted a counterclaim.

 

Directions Questionnaire N180.pdf Notice of Proposed Allocation N149a.pdf

Defence and Counterclaim (N9B) attachedDefence N9B.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...

 

 

 

[MrPengu1n]

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?
• For 'expert witness' - do I consider my commissioned report for the surveyor that of an expert witness or is that something different?
• 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?

 

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]

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.

[MrPengu1n]

Update: I've returned the N180 questionnaire and served a copy to NFS.

[MrPengu1n]

 Update:  After a missed delivery and then Royal Mail not being to locate a 'signed for letter' at the sorting office for a week... I receive a copy of the N180 questionnaire served to me by the defendant (NFS).

 

It is a poor quality photo copy and difficult to read the entries.

 

Questionnaire responses on the defendants N180 of note:

 

A1 - Agree for case referral for Small Claims Mediation Service: Yes (I answered no on my N180)

C1 - Do you agree that the small claims track is the appropriate track for the case: No (explanation given relates to the dispute and nothing to do with track allocation).  I answered yes on my N180

D1 - Claim suitable for determination without a hearing: Yes (I answered no on my N180 with reason that factual matters are in dispute)

E3 - Witnesses at the hearing: 2 (assuming this may be the other person who was with the owner/director of NFS on the day  of the job)

 

Edited March 15, 2023 by MrPengu1n

[MrPengu1n]

Question:

 

I logged in to MCOL and noticed the following on the case history:

 

"A bar was put in place for NFS SCREEDING LTD on 15/02/2023"

 

What is a 'bar', does it restrict me from a particular action?

Edited March 28, 2023 by MrPengu1n
changed text

[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.

[MrPengu1n]

Looking on MCOL under 'recent transactions for claimant' I noted the date of the bar is the same date the defence was filed.

 

I'm assuming therefore as they submitted a defence the bar is prevent me requesting judgement on line (as its now a defended claim)?

 

 

Recent Transactions for Claimant

Claim History

You submitted a claim on 22/01/2023 at 13:54:08

Your claim was issued on 23/01/2023

NFS SCREEDING LTD filed an acknowledgment of service on 07/02/2023 at 08:05:54 

A bar was put in place for NFS SCREEDING LTD on 15/02/2023

NFS SCREEDING LTD filed a defence on 15/02/2023 at 08:05:38  

DQ sent to NFS SCREEDING LTD on 16/02/2023

[Andyorch]

Yes that will be why the bar was placed.

[MrPengu1n]

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)?

[dx100uk]

each court has their own loading criteria and case loads, could be weeks, could be months.

 

dx

 

[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) ?

[MrPengu1n]

It is the N271 Notice of transfer of proceedings.

 

 

[Andyorch]

Fine come back when you get the above notices.

 

 

 

.

[Andyorch]

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

[MrPengu1n]

The initial allocation was to Hertford County Court, which is the court I had requested as it is the closest to me.

 

I have since now received another N271 'Notice of transfer of proceeding' advising that the claim has been transferred to the County Court at Luton for allocation.

 

The date on the N271 is 12th May however as of yet, there is no update on MCOL to show the transfer (as of today).

 

While Luton is not much further than Hertford, is there a reason why the case would have been transferred there?

[BankFodder]

Where is the defendant? They may well have applied for a transfer.