Small claims nightmare

K.Burgoyne

Don't really see what forum I can put this but as its a housing/court issue I've put iit here



I have filed a small claim against a large social housing landlord. They are using solicitors. At a directions hearing the Judge and the defendant agreed that the case should be fast tracked, when I challenged by saying are you putting this in a different court they said no they had not, later the judge allowed the other side to apply for costs. I felt totally rail roaded at this hearing the defendant told me what was going to happen more than the Judge and I objected to that, all in all I don't think the hearing was fair and I felt that both the defendant and the Judge where quite dismissing of me because of my lack of knowledge. Do I have grounds to appeal the fast track decision? the reason I went to small claims was so not to be hit by any costs if I lost.

Also would any appeal be fast track or small claims the forms are different N161 or N164?


Thanks

ILW

Sounds like they think your claim is trivial.

m_13

You can download a leaflet on Fast Track here: http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetLeaflet.do?court_leaflets_id=196

The leaflet says:

If the amount of the claim suggests that it may be allocated to the fast or multi-track, you may wish to seek legal help from a solicitor, Law Centre or an advice agency. Neither of the procedures for these tracks is straightforward and both may lead to a formal trial. Even if you feel able to present your own case to a judge in court, you may consider using professional help with the work needed before the trial. When seeking professional help you should ask whether you are entitled to receive a solicitor’s help for free or by paying a small contribution. Some solicitors may also help you on the basis that they will only charge for their services if you win your case. If you lose your case, you may have to pay the costs of the other party.

It also says:

What is the fast track?
[FONT=Arial,Arial][FONT=Arial,Arial]The fast track is usually selected for those cases that have a financial value of between £5,000 and £25,000 where there are more complex issues to be decided. Generally, fast track trials will take no more than one day.
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The leaflet talks about an allocation questionnaire that is used to determine the track that is used.

What is the case about?

N79

If your case has been allocated to the fast track then you are likely to be liable for the other sides costs if you lose. Can you give a few details of your case (outline of your claim and its size)? Could you also try to remember exactly what happened in the allocation hearing (if that is what it was). Cases can get switched out of the small claims track for a number of reasons. One is the value of the claim but others include the claims complexity and whether a point of law is in dispute.

That said, if the case is now allocated you will struggle to get it reallocated.

bris

Fast track is not good news for you. Large corporations are good at getting small claims cases fast tracked due to them introducing complex scenarios into the claim to make it look like it is not as easy as the defendant made out. Some small claims cases can lead to a precedent that would open the flood gates for similar claims so a lot of legal time is put in to deter it.
The other sides legal fees will be high, so it is time now for some professional advice of your own.
They are trying to bully you into dropping the case, I hope you hit them hard.

P.s they sometimes make an offer that is declined by you, this can sometimes lead a judge to believe you are being unreasonable which doesn't help.
Have you had any settlement offers?

mlz1413

when you filled out the claim it would have said fast track for claims over £5000, so if your claim is for less than small claims was correct.

From your post I would say you represented yourself and were overwhelmed infront of the judge - as you knew they would have legal representation then this was always going to be a risk.

I'm also guessing you were not very well prepared and didn't come across well or were able to argue your case was a simple one just needing a yes or no judgement by an independant unbias party (the judge).

Having read the post by Bris I'd say the defendants know the law and that you don't have the money to fight them. You either have to find the money to fight the point or draw a line under it, learn from the experience and move on.

If you want more help then please give some details of the claim and your reason for taking this action so we can be of more help.