Small claims procedure/costs. Please help.

miserable_ol_so_n_so

Things seem to have changed since I last used HM Courts-Service. Now its MCOL, and I was alarmed to learn that a case would be heard in the defendants local court (it used to be in the plaintiffs court). Is that correct? Can the plaintiff choose the venue? Additionally, the following questions come to mind:
1.Can a defendant(individual or limited company) claim for their solicitors costs when the plaintiff has given them reasonable time in which to respond, given them adequate opportunity to settle the claim out of court?
2. Can a defendant (individual or a limited company) claim any costs other than reasonable travel expenses and days lost wages in case they win the case?

unholyangel

They can claim for anything they like, whether the courts will award it or not is a different matter.

It is extremely rare to have solicitors costs awarded in a small claims case.

Equaliser123

unholyangel wrote: »

It is extremely rare to have solicitors costs awarded in a small claims case.

Not strictly true. Fixed solicitors costs are available as of right in the small claims court.

You can still use the old paper claim forms. Personally, if it is anything other than a simple debt action, I would recommend using that method rather than MCOL.

miserable_ol_so_n_so

Equaliser123 wrote: »

Not strictly true. Fixed solicitors costs are available as of right in the small claims court.

Thank you for your reply. Please can you tell me where I may find this information, or post it here. I am desperate to know. How much are fixed solicitors costs? I was under the impression that as long as the plaintiff has used the court as a last resort, the defendant can not claim costs for any legal representation. The plaintiff was allowed limited(perhaps 10 to 20 pounds) legal advice costs incurred in preparing the particulars of claim.

Equaliser123

miserable_ol_so_n_so wrote: »

Thank you for your reply. Please can you tell me where I may find this information, or post it here. I am desperate to know. How much are fixed solicitors costs? I was under the impression that as long as the plaintiff has used the court as a last resort, the defendant can not claim costs for any legal representation. The plaintiff was allowed limited(perhaps 10 to 20 pounds) legal advice costs incurred in preparing the particulars of claim.

Don't worry! Provided there is no counterclaim, you should be ok.

Part 45 of the Civil Procedure Rules deals with this.

Oh, and to your question - if the Defendant is a limited company and the claimant is an individual, there is a still a presumption that the action will be heard in the Claimant's local court.

miserable_ol_so_n_so

Equaliser123 wrote: »

Don't worry! Provided there is no counterclaim, you should be ok.

Part 45 of the Civil Procedure Rules deals with this.

Oh, and to your question - if the Defendant is a limited company and the claimant is an individual, there is a still a presumption that the action will be heard in the Claimant's local court.

Thank you thank you very much. I shall proceed because we have to pursue cowboy outfits. It is the only deterrent. Most of the time they prey on people because they believe the client can't fight back.

ILW

Is this against the company that are already in administration?

miserable_ol_so_n_so

ILW wrote: »

Is this against the company that are already in administration?

NO. I thought at one time that it was in administration, but it is not in administration.

miserable_ol_so_n_so

Good news. After I wrote to them, threatening small claims court action, they have agreed to meet me and resolve the issues. Clearly they dont want to be hauled into court and risk all manner of other costs. Thank you all for all the information. This resource is brilliant. Long may it continue and prosper.