County Court Support Pack

Your letter should include :-

• The nature of complaint
• Details of how you want the matter resolved
• a time limit for a response i.e. 7 or 14 days
• indication of intention to pursue a claim in County Court

You should keep a copy of the letter together with proof of postage. A draft Letter Before Action is contained in this pack.

Stage 2 - the Summons form (N1)

You will be the Claimant ie. the person starting the claim. Insert your full name and postal address, including postcode.

The Defendant is the person, trader, or company being sued.

• If it is an individual insert the full name and address of that individual. An individual is a person acting as the sole proprietor of a business or a person not in business or trade.

• If it is an individual trading under another name insert the full name of the individual followed by the trading name. i.e. Mr Joseph Campbell trading as Local Domestic Services (followed by the address)

• if a firm, for example a partnership or business which is NOT a limited company i.e. Davies Bros , insert the full name of the partner and the firm followed by address of partner or place of business. i.e. Jonathon Davies (Partner), Davies Bros, (followed by the address)

• If a limited company the full name of the company and address at which business is carried on. Ie. Double Glazing Ltd., (followed by the address)

Brief details of Claim

It is sufficient to insert here a brief statement detailing the nature of your claim, for example a short sentence such as : -

• Compensation for Breach of Contract, S14 of the Sale of Goods Act 1979 (as amended) arising from purchase of a washing machine which was faulty on delivery OR

• Compensation for Breach of Contract, S13 Supply of Goods and Services 1982 (as amended) arising from building work completed without the necessary level of care and skill OR

• Compensation for Breach of contract and/or misrepresentation arising from the purchase of furniture for which the defendant has liability under S.75 of the Consumer Credit Act 1974.

Value of Claim

If your claim is for a fixed sum, this may be detailed as in the example that follows: -

• Cost of washing machine £449.00
• Cost of damaged floor £300.00
• Miscellaneous expenses £ 30.00 (telephone calls/postage)

For example: £1000.00 at 8% per annum = £80.00 / 365 = 0.22 pence per day.
1st January 2002 to the 21st February 2002 = 52 days.
52 x 0.22 = £11.44.

Write it on the form as interest from 01.01.02 to 21.02.02 (52 days x £0.22) in the sum of £11.44 and accruing at a daily rate of 0.21 pence.

If your claim is not fixed, for example if you are claiming compensation for loss of enjoyment of a holiday, then you should insert : - not exceeding £5,000

Particulars of Claim

Here you should insert full details of the claim. You may insert these details on the N1 summons itself or by attaching a separate Particulars of Claim document. A draft Particulars of Claim is in this pack.

The particulars of claim should include the following information:-

• A concise statement of your claim. It is often a good idea to write in the format of a chronological list of the facts starting with the date on which the contract arose ie. the date of purchase, and ending with the current circumstances.
• Any letters referred to should be referenced and attached to the Particulars of Claim as shown in the draft in this pack.
• Full details of the value of the claim, all losses, consequential losses etc.
• Any interest claimed.
• Statement of Truth - this should be completed and signed by the Claimant. The Claimants full name and address should be inserted in the last box.

• 1 copy of the N1 summons duly completed
• 1 copy of the Particulars of Claim
• 1 copy of any letters referred to in the Particulars of Claim
• The relevant fee (see introduction).

Each set of documents should contain one N1 summons, one Particulars of Claim and one of each of the letters referred to in the Particulars of Claim. The documents will be processed by a clerk who will give you a receipt for the fee. More often than not the Court will retain the documents and forward to you a Notice of Issue.

Stage 4 - Notice of Issue

This Notice will tell you the following information: -

• the date the claim was issued
• the date the defendant was served (received the summons)
• the date by which the defendant must respond. (14 days from date of service).

A - No response from Defendant

Section A - Tick box ‘A’

- Tick the box to indicate that you would like payment to be ordered ‘immediately’.

Amount of your claim - the full amount specified on the N1 Summons
Interest - this should be calculated to the date you complete this form.
Court Fee - this is the fee paid to issue the summons at the start.
Solicitors Costs - not applicable.
Total - add up and total in the final box.

Sign the form and submit to the Court Office for processing. The Court will then issue a Judgement. (See Stage 10 - The Judgement)

B - Response from the Defendant

• ‘Acknowledgement of Service’ Completing and sending the Acknowledgement of Service document to the Court allows the defendant a further 14 days (28 days in total) to choose one of the options below.

• ‘Admit the claim’ by completing the Admission form. admitting your claim in full and making full payment of your the claim or making proposals to pay the sum you are claiming.

  If he chooses this option he will complete the Admission form and send it to the Court. The Court will send you a copy of this completed form.

• ‘Dispute the claim’ by completing the Defence form This will tell you why the Defendant disputes your claim.

  If the Defendant chooses this option he must complete the Defence form and send it to the Court. The Court will send you a copy of this completed form.

• "Dispute your claim and claim something from you’ by completing the Defence and Counterclaim. This will tell you why the Defendant disputes your claim and what he wishes to claim against you.

  If the Defendant chooses this option he must complete the ‘Defence and Counterclaim’. The Court will send you a copy of this completed form.

Whichever option the defendant chooses, the Court office will notify you by sending you a copy of the Defendant’s chosen response for example, the admission, or the defence etc.

If the Defendant has chosen to Defend or Defend and Counterclaim then the Court will issue another document called the Allocation Questionnaire.

Stage 6 - Allocation Questionnaire

Settlement

If there is no possibility, or it is unlikely that any further negotiations will resolve the matter, then tick ‘NO’

Location of Trial:

If not, you may request that a hearing take places at a convenient Court, giving reasons for your request. For example.

‘Manchester County Court is my nearest Court office and is most convenient because…….’
or
‘Chester County Court is a Court conveniently situated midway between the Claimant and Defendant thereby requiring each party to travel an equal distance’

Pre-action Protocol

Case Management Information

Witnesses

For example, the Claimant will be a witness. A colleague, or friend, or other person may be able to provide evidence to support your claim. They may also attend to provide information to the Court.

If you have indicated that you have obtained an experts report, then if you have provided a copy of this report to the Defendant (which you should have done prior to issuing the proceedings, or with the Particulars of Claim) then tick ‘YES’.

If for any reason you have not provided a copy of the report to the Defendant you should arrange to do so IMMEDIATELY.

Tick ‘NO’ at the section for a ‘Single Joint Expert’. If you have followed the instructions for Appointing an Expert in our Consumer Support Pack then the report you have already obtained will be suitable.

Generally in small claims hearings the Court will not encourage experts to attend. If the report has been obtained in accordance with the guidance (detailed in the Trading Standards Support Pack) then production of this report to the Court should be sufficient. Therefore, unless circumstances are exceptional or the Court has requested you do so, you should tick ‘NO.

The Court allocates hearings to a track based on the value of the claim. Small claims are anything up to £5000. Your should accordingly tick the Small Claims box.

If your claim is in excess of £5000 you are strongly recommended to consult a solicitor for legal advice as claims over £5,000 (Fast track or Multi track) will carry significant , sometimes very high, costs risks.

Trial or Final Hearing

You should detail in the box any dates which you, or your witnesses (detailed in the Witnesses section) are unable to attend Court for a hearing. Once the case has been listed for a hearing the Court is VERY unlikely to agree to a change.

Proposed Directions

Costs

Other information

Sign and date the Questionnaire and send it to the Court.

Stage 7 - Notice of Allocation/Hearing

The notification will normally be accompanied by some ‘standard directions’. These are instructions from the Judge which will normally include a request that :-

• all documents and information intended to be relied upon is exchanged by each party not later than 14 days before the hearing
• witness statements be filed by the parties not later than 14 days before the hearing.

Like the Particulars of Claim, it is a good idea to set out the document in the form of a chronological list of events. Draft witness statements are included in this pack.

You should start with the circumstances leading up to the contract, the date of the contract itself and the events that have occurred since. Details of, for example, conversations, letters, attempted repairs, engineers visits or any other relevant information should be detailed in your witness statement.

Each witness may provide a statement of their evidence and each witness may attach any relevant documents.

Each witness statement prepared must conclude with a ‘Statement of Truth’ and must be signed by the witness making the statement. All the witness statements should then be sent to the Court and to the Defendant at least 14 days before the hearing.

Stage 9 - the Hearing

The usual format (although this can vary) is as follows :

Claimant - you will have an opportunity to present your case to the District Judge and to the Defendant. Some Judges will take you through the case by reference to the Particulars of Claim others will allow you to simply tell him about your case. It is often a good idea to refer to either the Particulars of Claim or your Witness Statement. These are documents which you had time to think about when you prepared them and should include everything you wish to say.

It may help you to do this and reduce any anxiety. You are less likely to forget to mention things or miss things out.

Once you have presented your claim. Your witnesses will have the same opportunity. Again they may make reference to their witness statement to assist them in presenting their evidence.

Once this part is complete the District Judge will often give the Defendant a chance to ask you questions about the evidence you have given. Also, the Defendant may question the witnesses on their evidence.

Defendant - will then have an opportunity to present their Defence to the District Judge and to you, the Claimant. The procedure will be the same as above. Once complete, you will have an opportunity to ask the Defendant questions on the evidence given. You will also have the opportunity to question any witnesses brought to Court by the Defendant.

The District Judge - may ask questions throughout the proceedings or he may wait until each party has given their evidence. As mentioned above, it is likely he will make notes through the hearing so ensure you speak clearly and give him time to record what you have said.

The District Judge is then likely to summarise the issues, explain any relevant law and consider his decision.

The Decision - The District Judge may give his decision immediately or he may refer the matter for a short while and ask you to return, for example in 10 minutes. Alternatively, he may defer his decision and send notification in writing at a later date - this is usually soon after the hearing.

Finally - Once the District Judge has made a decision he will ask the successful party if they wish to claim witness expenses. These may be loss of earnings for taking time off work or for travelling expenses to Court for the hearing. (Note -you are not entitled to claim for your own personal time for preparing for the hearing.)

Stage 10 - The Judgement

Judgement

Once payment is received the matter is at an end. If payment is not received enforcement action will be necessary. You will need to seek further advice from Consumer Advice, Trading Standards on ‘Enforcing a Judgement’.

Stage 11 - Appeals

The grounds for appeal are : -

• there was a serious irregularity affecting the proceedings; or
• the Court made a mistake of law.

Irregularity

Mistake of Law

April 2003