Free Traffic Legal Advice

Many thanks both - and apologies for my slow reply - I didn't see the follow up messages that came in after the first replies due to the notification system.

@jfollows - yes I did submit the defence claim and strikeout order - following b789's instructions -  sent on 28th April.

I have now received by post a Notice of Proposed Allocation to the Small Claims Track & N180 questionnaire . The cover letter sent 18th June - states that 'The defendant has filed a defence' - but the words 'a copy of which is enclosed' have been scrawled out.

I have downloaded the online N180 and completed it using @b789's wording for D1.  I have until 7th July to submit but will do so now.  Many thanks for the excellent instructions.

Best wishes,
EHR

I have now received a Mediation Appointment Confirmation email.

It will be a telephone call on the morning of 11/08/2025

I assume you have seen these before but I can post the contents if useful.

Would love to have guidance on what I should say in my defence.

Kind regards,
EHR

Ok thanks jfollows. So I shall say I do not wish to discuss this until the court hearing
- or let me know if there's a better phrase.

Hi all, I have now received a Notice of Allocation to the Small Claims Track (Hearing) - court date set for 26th Jan. I have uploaded a scan of the  3 pages to this folder:  https://ibb.co/album/H7M66y



I just spotted point 15 states that either party has the right to apply to have the order set aside, varied or stayed and that needs to happen by today - if there's something I need to do immediately please let me know!



Otherwise, as I understand it the instructions are: By 10th Nov I have to deliver copies of all docs on which I intend to rely on at the hearing, which must include a witness statement. Could someone advise me on or send a template for the witness statement?  Is it similar to the wording of the defence statement I sent in before? (as per draft in message by @b789 in page 1 of this thread, 26th April)



Is there anything else I need to do? Many thanks in advance, EHR

Thanks so much @b789 - good to know there's nothing to do for the moment. 

I have indeed received an email suggesting s discounted settlement. Happily ignored.

Well done for persevering and following the advice. Can you please post an image of the N279 Notice of Discontinuance. We also need to see the name of the person and their position, who signed it.

No, that's good. As the N279 has been signed and submitted by an unauthorised person who is not permitted to conduct litigation (signing and submitting an N279 is conducting litigation), you should now send the following email to the court and CC DCB Legal and yourself:

Subject: Request for costs order following discontinuance – Claim No. [xxxx]

Dear Sir/Madam,

I acknowledge receipt of the Claimant’s Notice of Discontinuance (N279).

The Defendant respectfully requests that this matter be placed before a District Judge for consideration of costs pursuant to CPR 27.14(2)(g), on the basis that the Claimant’s representative has behaved unreasonably in conducting the proceedings.

The Notice of Discontinuance was signed and filed by a paralegal, described as “Claimant’s solicitor” but not an authorised person under the Legal Services Act 2007. Conducting litigation, including signing or filing court documents, is a reserved legal activity under Schedule 2 paragraph 4 of the Act. The High Court in Mazur & Anor v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) reaffirmed that an unauthorised person may not conduct litigation even under supervision.

In view of this breach, and the inconvenience and time caused to the Defendant in preparing and responding to these proceedings, the Defendant seeks modest costs for time spent as a litigant in person at £24/hour, together with minor disbursements, as detailed in the attached schedule.

The Defendant invites the Court to summarily assess the costs on the papers and order payment within 14 days.

Yours faithfully,

[Your name]
Defendant

Encl: Schedule of costs (Litigant in Person rate £24/hour)

Attach the following costs schedule to the email:

Defendant’s Costs Schedule (Litigant in Person)

Claim No.: [XXXX]

Parties: [Claimant] v [Defendant]

Basis sought: CPR 27.14(2)(g) – unreasonable conduct (unauthorised conduct of litigation; Mazur; LSA 2007)

Rate: Litigant in person rate £24/hour (PD 46 ¶3.4)

Time claimed (total 5.0 hours):

Considering claim form/PoC and papers – 1.0 h → £24.00
Researching law/procedure (small-claims costs; PoFA/CPR; LSA/Mazur) – 1.5 h → £36.00
Drafting and finalising Defence – 1.5 h → £36.00
Completing and filing DQ (N180) and correspondence – 0.7 h → £16.80
Mediation call attendance and follow-up – 0.3 h → £7.20

Subtotal (5.0 h × £24): £120.00

Disbursements: none (all steps online) – £0.00

Total sought: £120.00

I respectfully invite summary assessment on the papers and an order for payment within 14 days.

Signed: [type your full name]

Dated: [date]

Name: [Your full name], Defendant