Small Claims Court - Evidence

PassedAtFailing

I filed a claim on MCOL and it has since been referred to a county court. I haven't been told to send evidence but the hearing is not far away now.

My plan was to send evidence to both the court and the other party. Am I right in thinking this is what I should be doing? Does it have to be submitted with any forms?

Sorry if this isn't the best place to ask. I just want to make sure I am doing the right thing, it seems insane to wait to give all the evidence on the day when they only give me 10-minutes.

cavework

You should have a claim ref number.
If you are not sure about anything give them a ring for advice.
I assume you have paid the fee required to reserve the court hearing?

PassedAtFailing

cavework wrote: »

You should have a claim ref number.
If you are not sure about anything give them a ring for advice.
I assume you have paid the fee required to reserve the court hearing?

Nothing about a fee for reserving the court hearing has been mentioned. I just got a letter not so long ago giving a date and a time. I did call them and they said they would contact me when they needed anything; but to be honest after receiving a date for the hearing I cannot see that happening. It just doesn't seem right to only present evidence during the hearing when surely the other party has a right to view it beforehand.

cavework

If you are the person making the claim on MCOL and it goes to court. You are required 'usually' to make a payment of I think £100 to book the court time within a certain period of time.
I know this because I had a nutter sub contractor who used MCOL for every contract they were ever involved in and ended up looking stupid.
Sent our company a letter saying if we coughed up another £600 they would not go to court. Guess what? we waited until they had to pay the approx £100 cost and it didn't happen .. case closed.
Contact the court , but if you are sure about the case they usually require a payment as you should be convinced your case is watertight

martindow

I would also phone the court. By its nature most people there are not familiar with the system so the staff are very helpful in telling you what is happening and what the next steps are.

Quentin

If you intend using any documents as part of your case, then you do have to supply both the court and the other side copies prior to the hearing.

As others have said, this all sounds strange - you should have been sent directions by the court on what to do, and you need to apply for a hearing once your summons has been issued and you have received any defence (from the court). There is also a fee you have to pay for the hearing (though not £100 - it's a sliding scale from £25 to £300 depending on how much your claim is for). (And who has told you you will only have 10 mins in court?)

Premier_2

PassedAtFailing wrote: »

I filed a claim on MCOL and it has since been referred to a county court. I haven't been told to send evidence but the hearing is not far away now.

My plan was to send evidence to both the court and the other party. Am I right in thinking this is what I should be doing? Does it have to be submitted with any forms?

Sorry if this isn't the best place to ask. I just want to make sure I am doing the right thing, it seems insane to wait to give all the evidence on the day when they only give me 10-minutes.

What have you actually received so far? And what have you sent the court? :huh:

There's quite a bit goes on to get from an mcol claim to a court hearing date having been set.

PassedAtFailing

Thanks for all the replies. I managed to figure out was going on myself; though I am likely to call the court and make sure.

martindow

PassedAtFailing wrote: »

Thanks for all the replies. I managed to figure out was going on myself; though I am likely to call the court and make sure.

It might be helpful if you could post again as it may help others coming across this thread. No need for any personal details of course.

PassedAtFailing

For anyone reading this who may have been in a similar situation it was just an application hearing. It does mention it on the letter, I just missed it. And for anyone who wants to know what an application hearing is, it's a hearing that is held to see whether or not changes to the claim should be made; assuming an application has been made to change it!

bingo_bango

For the purposes of a small claim, all evidence should be presented to the court at least 7 days prior to the hearing, and you need to submit 3 copies. One for the court, one for the judge, and one for the defendant. Likewise, you as the appellant should also receive a copy of the defendant's evidence prior to the hearing.