What is the worst that can happen in small claims court

housepricecrash

I had a long small claims dispute and now look back on it as a very useful learning experience (win or lose).
IMO, It certainly builds up the confidence to be prepared to go back to court if anyone rips you off again.
One thing worth remembering is that big corps or Gov. Depts don't like the individuals (litigants in person) bringing small claim cases as they are unpredictable.

Also the judge is under a small amount of obligation to defend the individual against the tricks of the big corps in small claims court

chuckles1066

digp wrote:

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.

Well, if you fail to follow CPR guidelines to the letter you can rest assured that, at every opportunity, the defence will draw the District Judge's attention to it.

It always pays to have obeyed all Directions and guidelines.

There is a quite excellent online guide and forum at http://www.justclaim.co.uk

chuckles1066

housepricecrash wrote:

I had a long small claims dispute and now look back on it as a very useful learning experience (win or lose).
IMO, It certainly builds up the confidence to be prepared to go back to court if anyone rips you off again.

Yes, ditto to all that; I'd do it again.

As I've said elsewhere, it also really opens your eyes as to how these big companies actually behave towards their customers once you can get beyond the tv and newspaper ads.

Metropolitan_Anthony

I have been through the small claims court and I won. I agree with the first two points here

chuckles1066 wrote:

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.

but I disagree with this next point. I had no lawyer but I still won.

chuckles1066 wrote:

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.

At the hearing all you need to do is go through your evidence in a common sense clear way with the judge/registrar who is sitting at the desk with you. He/she will ask questions about the sequence of events. You will answer. It is not an adversarial system. There is no "Judge John Deed" character in a wig trying to make you look small. Just take along all your documents with you. e.g. for a bank charges case take all your statements and correspondence. My case was for a car crash where I was making a claim against the other driver. I took maps and photos, plus correspondence between me and the other driver and their insurer.

nollag2006

chuckles1066 wrote:

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.

I'm not so sure Chuckles. I've spoken with a lawyer friend about this and she told me that the Small Claims courts often give costs to the defendant for spurious claims, otherwise you could end up clogging the courts with timewasters.

She did advise me though, that my claim was far from spurious, so I've nowt to worry about from them.

I may not win, she said, but it will mightily p**s them off !!!!

nollag2006

chuckles1066 wrote:

Well, if you fail to follow CPR guidelines to the letter you can rest assured that, at every opportunity, the defence will draw the District Judge's attention to it.

It always pays to have obeyed all Directions and guidelines.

There is a quite excellent online guide and forum at http://www.justclaim.co.uk

Thanks for this link Chuckles. I've just posted my query here:
http://www.justclaim.co.uk/bb/viewtopic.php?t=2786

chuckles1066

nollag2006 wrote:

I'm not so sure Chuckles. I've spoken with a lawyer friend about this and she told me that the Small Claims courts often give costs to the defendant for spurious claims, otherwise you could end up clogging the courts with timewasters.

I'm very surprised at that advice.

It's not in a major corporation's financial interests to employ a solicitor to defend a spurious claim before a District Judge. Far better to get it struck out at the first opportunity - quick, clinical and very cheap.

I've no idea how much it would cost to employ a solicitor taking a case on from scratch and seeing it through to a Hearing.

In my own case, I started proceedings in October 2004 and the Hearing didn't happen for 11 months. I received 11 communications from them during this time.

And their solicitor travelled down from Liverpool and booked into a hotel overnight (it was a 9a.m listed Hearing).

I can't believe their legal bill would have seen much change out of a grand. Which, if you're defending a spurious claim for £500, doesn't make sense.

nollag2006

How much was your own claim for Chuckles? What was the outcome ?

chuckles1066

nollag2006 wrote:

How much was your own claim for Chuckles? What was the outcome ?

£1200 + interest.

I won. And took great delight in seeing their solicitor being rebuked by the DJ for his conduct :T

But it was justified; they lied, they ignored Court Directions, they refused to comply with the CPR guidelines, they abused the Data Protection Act until the Information Commissioner told them to comply or be prosecuted................I could go on and on.

It was like shooting fish in a barrel.

nollag2006

Well done Chuckle !! That's great news !!

Did you go to the papers with that ?

If its a well known travel agent, the Daily Mail would bite your arm off for the story