Small Claims Court or Money Claims Online Questions

ftsos

Hello All,

I run a tiny business. Basically me and one other. I have received a Small Claims Court Claim Form. I don't believe it is just what the person is claiming. If it was just then I would happily pay. Not all businesses are bad. And I try my best to run a business ethically.

I am kind of stuck. I want to defend myself, and learn how to do it for my protection. I find that we live in a society where people are constantly threatening legal action in sometimes ridiculous situations. It's a modern day bullying tactic. Anyway, I have had enough. I want to defend myself, and the way I view it, whether I win or lose, I would have gained valuable knowledge on how to deal with this kind of situation in the future.

I suppose, what I am asking, is there anywhere I can go, whether online or in person to get help on how to submit my case so that I am able to defend myself well.

I am already aware of the CAB (I used be a volunteer at a CAB office). I am not sure if CAB help businesses. Does anyone know? Secondly, I have found the queues and the waiting time in CAB so long that it would be cheaper just paying up given how much time I would lose waiting for CAB to help me. Basically time is money to me as I am in a service business.

I also cannot afford a solicitor, as the amount is under £500, so given what solicitors charge, again it's going to be cheaper just paying up.

Any advice please?

Cardinal-Red

Hello,

Been through this process myself and it's relatively painless to be honest. In my circumstances, we sat around with the defendant and a "judge" around a table and discussed the issue - each of us presented a case, and were then asked questions.

Without knowing the nature of the dispute I couldn't advise further really, but I wouldn't be worried about costs etc.

What I would say is if you intend to defend the action, then don't miss any deadlines for responding!

Rhenser

ftsos wrote: »

Hello All,

I run a tiny business. Basically me and one other. I have received a Small Claims Court Claim Form. I don't believe it is just what the person is claiming. If it was just then I would happily pay. Not all businesses are bad. And I try my best to run a business ethically.

I am kind of stuck. I want to defend myself, and learn how to do it for my protection. I find that we live in a society where people are constantly threatening legal action in sometimes ridiculous situations. It's a modern day bullying tactic. Anyway, I have had enough. I want to defend myself, and the way I view it, whether I win or lose, I would have gained valuable knowledge on how to deal with this kind of situation in the future.

I suppose, what I am asking, is there anywhere I can go, whether online or in person to get help on how to submit my case so that I am able to defend myself well.

I am already aware of the CAB (I used be a volunteer at a CAB office). I am not sure if CAB help businesses. Does anyone know? Secondly, I have found the queues and the waiting time in CAB so long that it would be cheaper just paying up given how much time I would lose waiting for CAB to help me. Basically time is money to me as I am in a service business.

I also cannot afford a solicitor, as the amount is under £500, so given what solicitors charge, again it's going to be cheaper just paying up.

Any advice please?

You don't need help in a small claims court. In fact legal help is not recoverable for that very reason.

Just write your defence in the box provided and sent it back to the court.

Then get your best suit cleaned and pressed :cool:

Note, the court is only interested in the particulars of claim specified on the summons. As you seem to have no dispute over this, I would suggest you just pay it.
Court costs will probably accrue if you defend this claim, and you will almost certainly end up paying them if/when you lose.
Furthermore, as you are a business, if your client is a consumer, expect the matter to be herard in a court local to the complainant, and so you may experience significant travel costs, not to mention the time and trouble defending the claim and attending court.

Mistral001

I have taken people to the Small Claims Court. Firstly, although it sometimes is held in a room rather than a formal courtroom it is a court of law with people being sworn in etc. so treat it as such. Come prepared with all relevant documents (receipts, invoices emails etc.) ,dress neatly and treat people in the courtroom with respect.

No need for a solictor unless you are willing to pay for one and forego the cost win or lose.

Acc72

Mistral001 wrote: »

No need for a solictor unless you are willing to pay for one and forego the cost win or lose.

How do the costs work ?

I am considering using the small claims court, but looking on their website it doesn't say ? (eg. if I were to lose, would I be liable for any costs etc. ?).

Any advice or pointers to websites would be greatly appreciated.

OP - sorry to hijack your thread.

ftsos

@Rhenser, I have a dispute, what he is saying is not true. Based on what you say, anyone can make up any claim that they want. I could go to my corner store and claim they did XYZ, and if what you say is true, then people can get away with anything and start making things up. I would hope that we don't like in that type of society. If I am wrong tell me so.

I just feel at this moment in time it's a very unfair system. Most small businesses just pay up because time is money and they feel the courts will always side with the customer.

I am mostly worried about court costs. Your sentence "Court costs will probably accrue if you defend this claim, and you will almost certainly end up paying them if/when you lose." has made me worry now/

So basically you believe I will lose. Is there a reason for that? I am hoping you are not biased. As I said not all consumers are saint and not all businesses are the devils. We live in a society where there is good and bad in everything and everyone. I also sense that the courts often side with the consumer rather than the busines. Is this true?

At the moment the claim is for £375, and the court fee is £35 so the total is £410. So if I were to lose, what could I be looking at after the hearing?

Rhenser

Acc72 wrote: »

How do the costs work ?

I am considering using the small claims court, but looking on their website it doesn't say ? (eg. if I were to lose, would I be liable for any costs etc. ?).

Any advice or pointers to websites would be greatly appreciated.

OP - sorry to hijack your thread.

YOU PAY THEM as they are incurred!

If you eventually win the claim, court costs (and a few expenses e.g. for travel to court) are often added to the amount claimed.

Legal costs such as those charged by solicitors are not usually added to the claim even if you do win.

Rhenser

ftsos wrote: »

@Rhenser, I have a dispute, what he is saying is not true. Based on what you say, anyone can make up any claim that they want. I could go to my corner store and claim they did XYZ, and if what you say is true, then people can get away with anything and start making things up. I would hope that we don't like in that type of society. If I am wrong tell me so.

I just feel at this moment in time it's a very unfair system. Most small businesses just pay up because time is money and they feel the courts will always side with the customer.

I am mostly worried about court costs. Your sentence "Court costs will probably accrue if you defend this claim, and you will almost certainly end up paying them if/when you lose." has made me worry now/

So basically you believe I will lose. Is there a reason for that? I am hoping you are not biased. As I said not all consumers are saint and not all businesses are the devils. We live in a society where there is good and bad in everything and everyone. I also sense that the courts often side with the consumer rather than the busines. Is this true?

At the moment the claim is for £375, and the court fee is £35 so the total is £410. So if I were to lose, what could I be looking at after the hearing?

I've bad news for you I'm afraid. Anyone can make up any claim that they want.

Rhenser

ftsos - you appear to have asked a very similar question over on the CAB board a couple of weeks ago. :cool:
https://forums.moneysavingexpert.com/discussion/4184201

Acc72

Rhenser wrote: »

YOU PAY THEM as they are incurred!

If you eventually win the claim, court costs (and a few expenses e.g. for travel to court) are often added to the amount claimed.

Legal costs such as those charged by solicitors are not usually added to the claim even if you do win.

Hi,

I am just trying to establish exactly what costs could be incurred (is it just the on-line fee of £50 ?).

Also, if I were to lose could there be additional significant costs/damages etc. (other than repaying travelling costs etc.).

I am just trying to weigh up the potential risk of making a claim - eg. if there is a potential that I will be liable for costs of £'000s then I just won't bother.

ftsos

@Acc72, I have no issues with you hijacking this thread. You are welcome.

Here is the website for money claims online, which basically the small claims court, as I understand it, the online version. I am happy to help you in any way I can. You need to realise that I have very limited knowledge, otherwise I would not be here asking questions myself:
https://www.moneyclaim.gov.uk/web/mcol/welcome