County Court Small Claims

thewizard

Hi All,

I wasn't completely sure of where to put this thread. I just had a quick question, has anyone filed an online claim using the governments Money Claim Online?

I have a small company and have filed a claim against another company using MCOL. The company disputed the claim so now I have this questionnaire to fill in.

Any way, all MCOL claims go through the Northampton county court. But let's call my local county court 'X' and the defendant's county local court 'Y', which court would the hearing be in?

I know I can get it transferred if I have good reason, but I don't want to ask for it to be transferred to 'X' if it will already be heard there. The confusion comes from some papers saying 'X' and some saying Northampton.

Thanks

bod1467

I "think" cases are heard in the claimant's local court. (My belief - I have no direct experience of this).

thewizard

That's what I thought too, but the different court names confused me. I might put in that I want it transferred to 'X' any way. If it is going to be heard there any way it will make no difference and if it's not then it's worth putting the request in.

Equaliser123

bod1467 wrote: »

I "think" cases are heard in the claimant's local court. (My belief - I have no direct experience of this).

Not correct. That presumption only applies where the Claimant is an individual.

If the two parties are both companies, then the presumption is that it will be transferred to the Defendant's local CC.

thewizard

Equaliser123 wrote: »

Not correct. That presumption only applies where the Claimant is an individual.

If the two parties are both companies, then the presumption is that it will be transferred to the Defendant's local CC.

I see, my grounds for having it transferred to 'X' would be that I'd be at university by the time it got to court, would that be good enough reason to justify a transfer?

Equaliser123

thewizard wrote: »

I see, my grounds for having it transferred to 'X' would be that I'd be at university by the time it got to court, would that be good enough reason to justify a transfer?

You can try. Also, if the size of the two companies are very different, approach it from that angle.

thewizard

Thanks. Yes the size is rather different, both would fall under the class of 'small' but we've only been trading for about 6 months where as the other company has been trading for over 2 years. They also have many more assets than us. Thanks for your help, I'll just have to see how it goes. I'm going to try mediation first, just because then I can say 'I tried everything'.

Equaliser123

thewizard wrote: »

Thanks. Yes the size is rather different, both would fall under the class of 'small' but we've only been trading for about 6 months where as the other company has been trading for over 2 years. They also have many more assets than us. Thanks for your help, I'll just have to see how it goes. I'm going to try mediation first, just because then I can say 'I tried everything'.

If you make those arguments then there is a chance that the presumption may be overturned. To be honest, most District Judges don't really pay too much attention to the Allocation Questionnaire on such things.

Bit of luck, it will settle anyway.