Small Claims Court guide

Crazy_Jamie

katieks wrote: »

can anyone direct me to some good advice for submitting my defence to the initial claim form? There's lots of advice for starting the process etc but I can't seem to find decent advice for submitting my defence i.e how much detail, do I submit evidence now or later, etc? Thanks.

Generally speaking, you should respond to each point or allegation made in the claim form, and state whether you agree with it, disagree with it, or don't know either way and do what's called 'putting the Claimant to proof'. If you disagree with any assertion, you should briefly explain why and put forward your version of events. The Defence is not supposed to be an exhaustive document; it is designed to show the Judge why you dispute the claim and where the specific areas of disagreement are between the parties. Later in the proceedings you will draft a witness statement which is your opportunity to deal with everything in more detail. You also do not generally need to send in any documentation with the Defence, as again there will be a direction to serve documents later on, but if it's absolutely necessary there is no rule preventing you from sending in documentation with the Defence.

sandyring

Hi,

can someone advise on this situation?, the situation is that there is a claim being made that outstanding monies are owned on a flat which I vacated 2 months early, the background to this is that the land lord continually entered the property without my permission (I have pictures), and being harassed by almost hundreds of texts with regards to getting curtains cleaned etc.
It came to a point where the landlord arranged for an inspection, only for the inspection to not be an inspection but her shouting at me with regards to how I should live etc. I called the agency during this exchange who said to ask her to leave polity, I even called the police but they advised this was not in their remit.

After this I did not feel safe in the property from fear of these kind of exchanges as well as harassment by sms and entering of the landlord whenever the landlord felt like it.

I do not wish any for an financial compensation, however I do not believe it is right that I pay the outstanding monies based on what happened.

I was advised by a legal entity that due to the circumstances, it was my right to leave, which I did, however now they want outstanding monies, not just for outstanding rent, but other things such as painting radiators etc....

Can I go to the small claims court on this?

wealdroam

sandyring wrote: »

Hi,

can someone advise on this situation?, the situation is that there is a claim being made that outstanding monies are owned on a flat which I vacated 2 months early, the background to this is that the land lord continually entered the property without my permission (I have pictures), and being harassed by almost hundreds of texts with regards to getting curtains cleaned etc.
It came to a point where the landlord arranged for an inspection, only for the inspection to not be an inspection but her shouting at me with regards to how I should live etc. I called the agency during this exchange who said to ask her to leave polity, I even called the police but they advised this was not in their remit.

After this I did not feel safe in the property from fear of these kind of exchanges as well as harassment by sms and entering of the landlord whenever the landlord felt like it.

I do not wish any for an financial compensation, however I do not believe it is right that I pay the outstanding monies based on what happened.

I was advised by a legal entity that due to the circumstances, it was my right to leave, which I did, however now they want outstanding monies, not just for outstanding rent, but other things such as painting radiators etc....

Can I go to the small claims court on this?

It is for the landlord to take you to court if they want anything from you.

I have no idea whether you owe them money or not, but from what you have written, there doesn't appear to be any reason for you to initiate a small claims court action.

sandyring

wealdroam wrote: »

It is for the landlord to take you to court if they want anything from you.

I have no idea whether you owe them money or not, but from what you have written, there doesn't appear to be any reason for you to initiate a small claims court action.

It's about 2k including all the new blinds, painted radiators and generally items which weren't an issue as I was barely there in 6 months. I have received a letter saying court proceeding will follow unless I pay in full in 28 days.
My reasoning behind wanting to take them to small claims is so that I don't get taken to a full blown court where I need a solicitor etc.

LilElvis

sandyring wrote: »

It's about 2k including all the new blinds, painted radiators and generally items which weren't an issue as I was barely there in 6 months. I have received a letter saying court proceeding will follow unless I pay in full in 28 days.
My reasoning behind wanting to take them to small claims is so that I don't get taken to a full blown court where I need a solicitor etc.

You would need to be claiming something from your landlord for you to take him/her to court. By the sounds of it they are planning on issuing proceedings against you in the small claims court unless you settle with them first.

blt

Hi everyone,

I've gone through all of the information on the money claim website but can't find an answer to this question. I wondered if someone could help?

As a small, new business, I recently submitted a claim in the amount of £310 against a company for services provided to them. This constituted £245 for the original invoice, £40 costs and £25 court fee.

This claim was submitted last Saturday (online) and today I received an email from a woman in the defendant's finance office basically slagging me off for taking them to court and then another one a few hours later saying that her colleague had actually paid the invoice earlier that money, unbeknown to her.

The company have paid the original £245. Not £310. They have also paid this to me and not the court.

So, in the interests of being fair, do I accept the payment which is a reduced amount and withdrawn the case or remind them that as I have incurred time and expense chasing them, it's £65 that is now outstanding?

Any advice gratefully received. Thank you

terryw

I assume that this has been paid after the issue of the summons and that you did send a letter before claim.

Send a letter confirming receipt of the debt but advise that the claim has not been settled in full.

If they wish to contest this they should return the defence forms to the court.

blt

Thanks terryw. Yes, this has been paid after the issue of the summons. They confirmed receipt of the summons by email to me today (getting all rude about it!) and later in the day the lady said that her colleague had paid the original invoice that day.

I sent a letter to them before the claim and said that I was prepared to give them a further seven days to pay if they let me know that this was the option they would like to take. This was the latest in a series of correspondence that they simply ignored.

If they wanted to contest the additional amount of £65 would they notify the court of that then? Sorry if I'm missing the point!

I think I'm just worried about looking a bit hard faced when they have paid the original debt, if that makes sense?!

terryw

They should contact the court with their defence. The form to make a defence goes with the summons along with instructions.

They make think you are hard-faced . But you are out of pocket for the court fee.

blt

I think I just didn't anticipate them pretty much ignoring the summons amount and how to pay…. Wallies.

I'll let them know that the debt has not been paid in full and directing them back to the summons. I have done that already so I don't know if they're just playing at silly buggers or what!

Thank you for your help. I really appreciate it.