Taking ME to court? please help!

sootica1976

The reason I chose to have it closer to where I am now was because I didnt think this would drag out for as long as it has, I didnt think I would get a date so late in May, but I will do as you said Valhaller- thank you

madbadrob

ValHaller wrote: »

Eh? You seem to imply that a solicitor cannot represent OP? If you mean that, then how do you arrive at that conclusion?

In most cases, the court will not order solicitors’ costs to be paid by the losing party in a small claims case, and if you instruct a solicitor you will have to pay the costs yourself. For this reason most claimants deal with a small claim without the help of a solicitor. It is possible to have the help of a friend or ‘lay representative’, for example, some Citizens Advice Bureaux can offer trained advisers to help people with small claims. It may be possible to get legal advice (not representation) from a solicitor under the legal help scheme.

Likewise legal aid is not available and in this case and many others in a SCC the legal fees will be higher than the claim you are defending or claiming. It was designed this way to keep solicitors out of the SCC.

Rob

zzzLazyDaisy

You are very unlikely to get an award of costs for your travel in the small claims court - that's the point of allowing the case to be transferred to the defendant's home court, so the defendant is not disadvantaged.

If I were you I would immediately write to the court with proof of your new address (council tax bill/tenancy agreement/utility bill) and ask the court to accept your sincere apologies but for reasons outside your control you have moved to [insert address] (please see attached documentary evidence). In view of the high travel costs which are not recoverable from the claimant, you have no alternative but to respectfully request the court to transfer this case to your local court.

Get that letter off straight away, and follow it up with a phone call to the court to see if the judge has agreed to transfer the claim.

If the court refuses your request come straight back to us, as it is possible to make submissions in writing for a preliminary hearing, but it isn't the best thing to do, so moving the case to your (new) home court is the first thing to try.

sootica1976

Hi all,

it is now only a week today that I go to the court hearing, I havent moved yet so am attending the original court, thing is I am so stressed it is making me ill, I can't stop crying as I am worried so much that I will lose the case, I am in debt up to my eyes at the moment so cannot afford to lose-this is just killing me, I am so worried that when I get to speak I will just cry and not stop, this woman is making me ill with what she is doing, never mind the fact that I am still grieving heavily for my Mum, I looked after her for 30 years everyday, we were so close, this is a nightmare.

nom_de_plume

Don't worry about the small claims court. Assuming it's anything like the one I attended a while back there were only, I believe, 4 of us in there. That was the magistrate, an usher (or similar) the other party and myself. It was all very relaxed and easy to deal with. You'll be fine. Just make sure you go prepared and make notes of any points you want to raise or discuss.

sootica1976

Thank you nom de plume

RAS

Just make sure you go. There is a decent chance the other party will fail to turn up and you win by default.

[Deleted User]

Also, I'm 99% sure in small claims court that if you do lose (which sounds very unlikely) they don't force you to pay out or go to jail, they will take into account your financial situation and order you to repay over x time. This can be as low as £1 per month if it's all you can afford.

If you think you might have problems articulating your side, you could try writing down the main points and taking that in with you so that you don't have to think when you're being asked questions (this is what could trip you up) and you'll be able to just pick up your notes and say whatever it says.

Don't panic, it'll be okay

After this is all over you could head over to the debt free board and get help + advice on your debt situation, they can be very helpful and give you excellent moral support!

sootica1976

Thanks Ras
Thank you citricsquid, that is really helpful, I appreciate it

jbworldwide

Hoping that this has gone well today...