Small Claims Court guide

cozzie

2 quick questions if I may...
Can a judge add a counterclaim onto my claim even though the defendant never asked him to or submitted a counterclaim?
And... Does mediation cost if you have been referred by a small claims judge?

Shahni

The judge can't add a counterclaim, the Defendant would have to submit one. The judge can however decide to award you less than you are claiming (or nothing at all).

I'm not sure about mediation costs, maybe phone the mediation service? The court should have a phone number for them.

cozzie

He's definitely added a counterclaim. I can see a complaint going in ��

Shahni

What do you mean by "added a counterclaim"? Can you explain the situation a little further?

soniashah

Hi all

Just need some advice. I’m trying to make a money claim. I was transferring money from my Barclays account to another Barclays account but entered the wrong sort code which meant my money was put into a Santander account. The customer who received the money is declining to return it to me. In terms of making a claim, I don’t know the details of the person I’m trying to get my money back from - what do I do as there is a field in the money claims form asking for the defendants details? Also, I know through my bank that they live in Scotland but the sort code is based in Wembley (I’m also based in England).

Thank you in advance
Sonia

terryw

You must have an address in England or Wales in order to issue a county court claim.
Sorry.

cozzie

I'll know more when I get the directions from the hearing and will check back in, but he definitely said that he would be adding a loan which is in joint names as a counterclaim.


edit - I'm thinking that maybe the Judge and the other party (ex) want to offset my small claim against the outstanding balance of the joint loan. Considering the other party only gave me 3k of 15k and I can prove as such will that be the figure or will it be half of the 15k? I also had to declare myself bankrupt as a result of this joint loan, debts which were in my name solely and the fact that the other party made me instantly homeless with no income. The other party stated that they would be paying off this loan in the next few weeks, can he still claim against me given that the loan would then be satisfied? I can't claim for my debts, which they agreed that they have helped to incur as they were resolved in the bankruptcy. OMG! It's all so confusing.

sazi-666

Hi, just wanted to know if any one has claimed against Npower? Thanks

micki9

Hi

I am owed some money for freelance work I completed last year. It's against 2 invoices- one partially paid, the other not paid at all, and the money was due last September. I have numerous emails promising payment that never appeared.

I have 2 questions- I live in Scotland but the company that owes money to me is in London. Am I right in thinking it's the defendant's address which determines how/where I claim, and I should be using money claim online? Or do I go through the Sheriff Court?

The second question relates to money claim online, if I do use that method. If my claim relates to 2 invoices, is that 2 claims?

I had a look at the site and noticed that if claiming interest, you need to add the daily interest and number of days overdue- since my claim relates to 2 invoices I have 2 daily interest rates and 2 different overdue periods- 2 claims?

Thanks

Computersaysno

IIRC you should file in your local court, and as long as you [an individual] are suing an organisation you should get it allocated to this local court.


If you're suing an individual [as opposed to a business] then you may end up having it allocated to their local court.