In the Practice Direction 7E (point 5.2), it says that for online submissions my particulars of claim must be limited to 1080 characters. Apparently, there are two online systems I can choose to use: 1. Older one MCOL which indeed has an input limit enforced to 1080 characters 2. Newer one on the GOV website, this one does not enforce 1080 characters limit and this one also allows to add of many rows of events timeline, and seems to be no limit on text length in those events. Therefore, I would like to use the newer system but I am not sure if the form will be served correctly, i.e. if my text will be cut somewhere in the middle to make it no more than 1080 characters. I wonder if you know anyone who could confirm that?
So the insurers have failed to comment on liability, they've had 3 months EXTRA time to investigate and still no outcome. Ive decided to push this to court. On the claim form do you put the defendants name/address or the insureres or both?
Hi :) Thank you for your comment. Please feel free to email us your documents to hello@courtwingman.com Our clients benefit from a one hour legal surgery at £150 in cases such as yours :) thank you
Our rate is £150 an hour - it may be we can deal with your case in one a hour legal surgery and you send us your documents which we can go through during that hour. If you want more detailed advice and if there are a lot of papers or if you want us to draft something, the rate goes up - but I doubt for a small claim like this more than 3 hours, 4 hours max. We are also about to release a video interview with a recent small claim winner of about £2,500. He actually got his costs back even though it was on the small claim, including what he had paid us. Does not happen often, but good to hear judges will use their discretion if they think an opponent has been entirely unreasonable.
Is there not an issue with stating a value range in the 'Value' box and then being unable to specify a specific quantity in the 'Amount Claimed' box in the sense that if this is left blank the fee for issuing the claim is £10,000? or does the claimant simply repeat the value range in the 'Amount Claimed' box?
You should be specifying the range within the Value field so that the Court can then calculate the appropriate court fee.The fee is £455 for the range of £5k-10k. You should be specifying the Amount Claimed and this will depend of course on the circumstances of your claim. You cannot specify a range in the Amount Claimed box- you need to give a specified figure. We have seen TBC (to be confirmed) in the Amount Claimed box, which then meant the Court could use the Value field for the purpose of allocation and court fee.
Is it true that Administrative courts (county and magistrates) are unlawful in UK? if any solicitor/lawyer starts court process against one in unlawful court (obviously solicitor/lawyer do not comply with CPR either) they are in breach of SRA principles and could be reported to SRA, where they are fined and a "mark" on a licence and insurance premiums go up? 3 complaints and solicitor/layer can not practice anymore? (I like the word practice) Is all that true? DO lower courts require a consent? So, would responding to summons, by saying something like: "Sorry judge you do not have jurisdiction over this matter, I do not consent to these proceedings?" work well???
Can you lay out your actual problem or dispute, Maximum? That really really helps us (and others). We are trying to avoid general academic -type advice on this channel as it rarely helps. Advice needs to be tailored to the particulars facts of a dispute :)
@@RedwoodLegal Actually there is no dispute. But matter is regarding debt collection agency. They are harassing me to pay them £32000. I have agreed to pay the debt if they can produce evidence of debt and loss, but no evidence has been presented, neither loss has been evidenced. Thanks for your time.
Yes, we can, certainly. Chase us at info@redwoodlegal.co.uk if we overlook it over the next few months. Also feel free to join our Friday legal surgery and pose your question there, as a starting point.
Good question. It rather depends. (And I cover it all in the book - excuse to plug it, link below ;)). If, for instance, you are pleading a financial mis-telling case like PPI you will need to lay out the legislation of the Unfair Relationships Test Consumer Credit Act as amended 2006. And then go on to particularise why the relationship is unfair, using the criteria in that legislation as a touchstone. So not only can you do it, for unusual claims like this you should do it. We give an example in the book. Sometimes you will want to use the N1 Form first page to just cite the legislation, the relevant act, so that the court realises what sort of case it is so it can be allocated properly. BOOK: courtwingman.com/shop/
I have a few questions 1. If I fill the claim online , how do I send the copy to the defendant? Do i enclose proofs in the form? If the transaction was at the trader's branch office , but complaint handled by Head office, should I put the HO address on the N1 form?
It depends on your case - 2 of those 3 questions are fact specific I am afraid. There are different ways of doing it. You very rarely include evidence with the claim - that comes later. We do have a book if you cannot afford a one hour legal surgery - courtwingman.com/shop/
Liam below has said we have made "major errors", but I strongly disagree, as you will see from the chain conversation we had below when I asked him to clarify.
Hi, I'm in the process of issuing a claim. I expect to recover between £20k and £25k.So in "value" I can write "more than £10,000 but no more than £25,000" But the box on the bottom right hand side of the first page seems to ask for a specified amount. Shall I write £25,000 in the box then? Many thanks.
Javier, I'm actually very appreciative of this as a 2nd-year law student we are covering small claims litigation at the moment and It's really kind of Redwood Legal to give his time and expertise, please dont pick faults when it's not costing you anything to listen to this advice.
I've just been kicked out of my appeal meeting at asda they said I was to aggressive by asking them to answer my questions on a notice served asking for full gdpr which they could not It's been going on 8 month's now Looking to rinse the prejudicial incompetent fools Would you like a slice of the pie Or anyone
Thank you for your input- I was not aware there were errors - would you like to say what those errors are? If we have indeed made major errors it is clearly important to address this.
@@RedwoodLegal no statute needs to be named that's what particulars of claim are for, don't put a range in the value and never leave this area blank, or you will be subject to the £10,000 issue fee, and even in the small claim track
HI Liam, thank you for your notes. I actually disagree with you: 1. You say "don't put the statue in the brief details box" but what I say is that you should where dealing with specialist areas of law and causes of action, and the example I give is the Unfair Relationships Test under the Consumer Credit Act as amended in 2006. Not all district Judges are even aware of this statute ( a big weapon in PPI litigation a few years ago) and also courts need a little nudge so they know to allocate the case to a judge who does. It can do no harm and alerts court and judge to the specialist nature of the claim. (The civil courts are underfunded and my experience I am afraid is they can make mistakes.) Of course most claims are very simple common law claims that do not need this, as I say in the video. 2. I also disagree with you on your second point. Yes, you definitely should sometimes put a range in the Value box. This if you do not know the specific value, as I say in the video. This is better than no figure at all as the purpose of this box (see the Ministry of Justice's own notes on the value box. I give the form number in the links in the description box. They also advise a range) is to help the court allocate the claim to the right track, hence the reason a range can be useful if you cannot be specific about value. 3. Whilst we are not in error on your third point I do agree with it. Yes, you can definitely be hit with legal costs in the small claims track and this is very important as a lot of people think "My claim is under £10,000 - I won't need to worry about having to pay adverse legal costs." Not true. The Judge has an absolute discretion and also before a claim is actually allocated it is NOT a small claim. For instance, strike out applications can lead to large adverse costs even where a claim is patently in the small claims range. Keep the comments coming. It's helpful to have positive input. Do your run your own law business? @@liamholloway661
@@RedwoodLegal I don't have my own legal firm, however I work for MOJ more specificall CCMCC, so I understand the process and what should/shouldn't be on forms better than most
Liam, the bracket value for the section "Value" is explained in the N1A form. What is not explained on that form is what "Amount Claim" claimants should write in that box at the bottom right of page 1 when we've put a bracket value for the claim. Can you offer any clarification on this? Thanks.
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These are really helpful thank you :)
We're so glad!
In the Practice Direction 7E (point 5.2), it says that for online submissions my particulars of claim must be limited to 1080 characters. Apparently, there are two online systems I can choose to use:
1. Older one MCOL which indeed has an input limit enforced to 1080 characters
2. Newer one on the GOV website, this one does not enforce 1080 characters limit and this one also allows to add of many rows of events timeline, and seems to be no limit on text length in those events.
Therefore, I would like to use the newer system but I am not sure if the form will be served correctly, i.e. if my text will be cut somewhere in the middle to make it no more than 1080 characters. I wonder if you know anyone who could confirm that?
So the insurers have failed to comment on liability, they've had 3 months EXTRA time to investigate and still no outcome. Ive decided to push this to court. On the claim form do you put the defendants name/address or the insureres or both?
He didn't bother to explain Defendant's name and address for service on page one of the form, i.e. whether to serve on a solicitor.
Did you get to the bottom of this?
What if the defendants file a N244 to strike out
Is there a different form for higher value claims potentially over £50,000
Very informative. Thank you. Please can you tell me how much I would be charged more or less by the lawyer for claim worth 1700 pounds?
Hi :) Thank you for your comment. Please feel free to email us your documents to hello@courtwingman.com Our clients benefit from a one hour legal surgery at £150 in cases such as yours :) thank you
Our rate is £150 an hour - it may be we can deal with your case in one a hour legal surgery and you send us your documents which we can go through during that hour. If you want more detailed advice and if there are a lot of papers or if you want us to draft something, the rate goes up - but I doubt for a small claim like this more than 3 hours, 4 hours max. We are also about to release a video interview with a recent small claim winner of about £2,500. He actually got his costs back even though it was on the small claim, including what he had paid us. Does not happen often, but good to hear judges will use their discretion if they think an opponent has been entirely unreasonable.
Is there not an issue with stating a value range in the 'Value' box and then being unable to specify a specific quantity in the 'Amount Claimed' box in the sense that if this is left blank the fee for issuing the claim is £10,000? or does the claimant simply repeat the value range in the 'Amount Claimed' box?
You should be specifying the range within the Value field so that the Court can then calculate the appropriate court fee.The fee is £455 for the range of £5k-10k. You should be specifying the Amount Claimed and this will depend of course on the circumstances of your claim. You cannot specify a range in the Amount Claimed box- you need to give a specified figure. We have seen TBC (to be confirmed) in the Amount Claimed box, which then meant the Court could use the Value field for the purpose of allocation and court fee.
Is it true that Administrative courts (county and magistrates) are unlawful in UK? if any solicitor/lawyer starts court process against one in unlawful court (obviously solicitor/lawyer do not comply with CPR either) they are in breach of SRA principles and could be reported to SRA, where they are fined and a "mark" on a licence and insurance premiums go up? 3 complaints and solicitor/layer can not practice anymore? (I like the word practice) Is all that true? DO lower courts require a consent? So, would responding to summons, by saying something like: "Sorry judge you do not have jurisdiction over this matter, I do not consent to these proceedings?" work well???
Can you lay out your actual problem or dispute, Maximum? That really really helps us (and others). We are trying to avoid general academic -type advice on this channel as it rarely helps. Advice needs to be tailored to the particulars facts of a dispute :)
@@RedwoodLegal Actually there is no dispute. But matter is regarding debt collection agency. They are harassing me to pay them £32000. I have agreed to pay the debt if they can produce evidence of debt and loss, but no evidence has been presented, neither loss has been evidenced. Thanks for your time.
Please can you consider a video describing how to fill in the parts for Setting Aside a claim? That would be brilliant
Yes, we can, certainly. Chase us at info@redwoodlegal.co.uk if we overlook it over the next few months. Also feel free to join our Friday legal surgery and pose your question there, as a starting point.
If I set out a particulars of claim can I include the legislation that supports that specific claim I am making? Thank you
Good question. It rather depends. (And I cover it all in the book - excuse to plug it, link below ;)). If, for instance, you are pleading a financial mis-telling case like PPI you will need to lay out the legislation of the Unfair Relationships Test Consumer Credit Act as amended 2006. And then go on to particularise why the relationship is unfair, using the criteria in that legislation as a touchstone. So not only can you do it, for unusual claims like this you should do it. We give an example in the book. Sometimes you will want to use the N1 Form first page to just cite the legislation, the relevant act, so that the court realises what sort of case it is so it can be allocated properly.
BOOK:
courtwingman.com/shop/
@@RedwoodLegal Thank you Alex, for your prompt response.. It has been helpful and I have been looking at your books on Amazon.
Thank you. Very useful.
Glad it was helpful!
I have a few questions
1. If I fill the claim online , how do I send the copy to the defendant?
Do i enclose proofs in the form?
If the transaction was at the trader's branch office , but complaint handled by Head office, should I put the HO address on the N1 form?
It depends on your case - 2 of those 3 questions are fact specific I am afraid. There are different ways of doing it. You very rarely include evidence with the claim - that comes later. We do have a book if you cannot afford a one hour legal surgery - courtwingman.com/shop/
Liam below has said we have made "major errors", but I strongly disagree, as you will see from the chain conversation we had below when I asked him to clarify.
Hi, I'm in the process of issuing a claim. I expect to recover between £20k and £25k.So in "value" I can write "more than £10,000 but no more than £25,000" But the box on the bottom right hand side of the first page seems to ask for a specified amount. Shall I write £25,000 in the box then? Many thanks.
@@teresamartini10 absolutely, also you would pay the issue fee for the upper amount, so the relevant fee for the £25k
Hi, there is no issue date on the N1 form I have received, can you explain this?
@@savgoulis2826 Hello :) Where did the N1 form come from? RL Team
Thank you for this, i very much appreciate it
You are very welcome :)
What is general court fees for Part 8 CPR?
Thank you for sharing this video.
Particulars of claim. Not availabke please kind reupload.
i really appreciatte the video, but im sure you can record it in some more quiet area...
Thank you! We do our best and are of the view that a video in a 'louder' area is better than no video. :)
@@RedwoodLegal hahahaha yes i can tell you are a good lawyer ;) thank you for the video
Javier, I'm actually very appreciative of this as a 2nd-year law student we are covering small claims litigation at the moment and It's really kind of Redwood Legal to give his time and expertise, please dont pick faults when it's not costing you anything to listen to this advice.
Hi. Has anyone ever filled out an N510 form?
I've just been kicked out of my appeal meeting at asda they said I was to aggressive by asking them to answer my questions on a notice served asking for full gdpr which they could not
It's been going on 8 month's now
Looking to rinse the prejudicial incompetent fools
Would you like a slice of the pie
Or anyone
What help do you need. where
is your case today
16:23
90% of this info is correct but there is some major errors in your info, not good guys should make sure you give the correct info
Thank you for your input- I was not aware there were errors - would you like to say what those errors are? If we have indeed made major errors it is clearly important to address this.
@@RedwoodLegal no statute needs to be named that's what particulars of claim are for, don't put a range in the value and never leave this area blank, or you will be subject to the £10,000 issue fee, and even in the small claim track
HI Liam, thank you for your notes. I actually disagree with you:
1. You say "don't put the statue in the brief details box" but what I say is that you should where dealing with specialist areas of law and causes of action, and the example I give is the Unfair Relationships Test under the Consumer Credit Act as amended in 2006. Not all district Judges are even aware of this statute ( a big weapon in PPI litigation a few years ago) and also courts need a little nudge so they know to allocate the case to a judge who does. It can do no harm and alerts court and judge to the specialist nature of the claim. (The civil courts are underfunded and my experience I am afraid is they can make mistakes.) Of course most claims are very simple common law claims that do not need this, as I say in the video.
2. I also disagree with you on your second point. Yes, you definitely should sometimes put a range in the Value box. This if you do not know the specific value, as I say in the video. This is better than no figure at all as the purpose of this box (see the Ministry of Justice's own notes on the value box. I give the form number in the links in the description box. They also advise a range) is to help the court allocate the claim to the right track, hence the reason a range can be useful if you cannot be specific about value.
3. Whilst we are not in error on your third point I do agree with it. Yes, you can definitely be hit with legal costs in the small claims track and this is very important as a lot of people think "My claim is under £10,000 - I won't need to worry about having to pay adverse legal costs." Not true. The Judge has an absolute discretion and also before a claim is actually allocated it is NOT a small claim. For instance, strike out applications can lead to large adverse costs even where a claim is patently in the small claims range.
Keep the comments coming. It's helpful to have positive input. Do your run your own law business?
@@liamholloway661
@@RedwoodLegal I don't have my own legal firm, however I work for MOJ more specificall CCMCC, so I understand the process and what should/shouldn't be on forms better than most
Liam, the bracket value for the section "Value" is explained in the N1A form. What is not explained on that form is what "Amount Claim" claimants should write in that box at the bottom right of page 1 when we've put a bracket value for the claim. Can you offer any clarification on this? Thanks.