What is the worst that can happen in small claims court

Dellean

You all have been helpful about the Banks filing a defence but what does one do if one cannot afforad a Lawyer. I want to know if anyone has actually used any of the online help sites please.

nickmack

Dellean wrote:

You all have been helpful about the Banks filing a defence but what does one do if one cannot afforad a Lawyer. I want to know if anyone has actually used any of the online help sites please.

You don't need a lawyer. If by some long shot, you actually have to appear in a courtroom, you can defend yourself and get help from the CAG in preparing the case.

Red_Panda_2

I agree with Nickmack - you would not need a lawyer, just be prepared, have all the information you need and am sure more than a few people would love to be there with you to help and watch!!

chuckles1066

nickmack wrote:

You don't need a lawyer. If by some long shot, you actually have to appear in a courtroom, you can defend yourself and get help from the CAG in preparing the case.

Indeed.

The District Judge's "chambers" (posh legal speak) is, in fact, nothing more than a room with a rather large desk in.

He sits one side. You and the other party sit the other side. If either of you have legal representation or expert witnesses, they also sit there. Hence the need for a large desk.

His desk has all manner of legal literature on together with a recording device that records everything that happens during the Hearing.

You don't need a lawyer; but you do need a basic grounding in the Procedures governing claims in the Small Claims track of the County Court.

The principle of the "Small Claims Court" is admirable but it's a long way from what it really needs to be. If you aren't fully versed with CPR guidelines, you'll lose if you're not legally represented.

nollag2006

Don't forget that you will be liable for the other sides costs, even in the Small Claims court, if they can convince the judge that the claim is spurious.

This could cost you thousands.

First Direct are currently threatening me with this, having filed a defence to my claim.

chuckles1066

nollag2006 wrote:

Don't forget that you will be liable for the other sides costs, even in the Small Claims court, if they can convince the judge that the claim is spurious.

This could cost you thousands.

First Direct are currently threatening me with this, having filed a defence to my claim.

No you're not liable for costs - that's the whole idea behind the Small Claims Court.

If the claim is "spurious" then the opposition solicitor will/should ask for it to be struck out long before it gets as far as a Hearing.

nickmack

nollag2006 wrote:

Don't forget that you will be liable for the other sides costs, even in the Small Claims court, if they can convince the judge that the claim is spurious.

This could cost you thousands.

First Direct are currently threatening me with this, having filed a defence to my claim.

As chuckles1066 says, you cannot be liable for costs in the Small Claims track. First Direct are bluffing. Make it clear to them, you don't like being lied to.

Dellean

Thanks to you all for your support. I am trying to put the paperwork together just in case. Please continue with your support should you have any suggestions. Dellean

chuckles1066

Red_Panda wrote:

yep, Nationwide have filed a defence today - according to MCOL which says:

Defence

You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

As per my comments in another post in this thread; a Full Defence to the claim is entirely appropriate (and should be expected).

digp

chuckles1066 wrote:

Indeed.

The principle of the "Small Claims Court" is admirable but it's a long way from what it really needs to be. If you aren't fully versed with CPR guidelines, you'll lose if you're not legally represented.

Some of the CPR does not apply in any event.
Get the book by Pearl on small claims if you are really worried and you do NOT need a lawyer. This track of the county court was designed so that lawyers would NOT get involved, thus legal costs are not recoverable as a general rule.