Small Claims Court guide

Ebsbyrde

Thanks da_rule; I doubt she'll accept anything that'll make my life easier. She has particularly asked in her letter that I have to make clear to the court that she lives overseas.
I am not sure if I trust the ombudsman, they asked for the whole file on her (which I suspect they'll share with her) so I refused to provide them with that - will this count against me?
Also, she has the tenacity to ask me to pay her for 'lost rent' as the property is empty, having rejected the tenants whom I thought was perfect.
What do you think about the invoice amount? as that's wrong, do I have to send a correct invoice and start all over again?
Thanks for all your help.

da_rule

The LBA needs to be accurate, so if you’ve put the wrong amount then yes you’d need to reserve.

The court would also be looking for you to have made meaningful attempts at ADR before going before them. If you don’t, then they can refuse to award you costs (or even make you pay the other sides costs). Can you not confirm with the Ombudsman that they won’t share the documents.

Also, does the Ombudsman have the authority to order a landlord to do something (i.e. pay you compensation)?

barmy_banno

Hello.

I have a re-determination next month and I am wondering how it works and what documents I will need to take.

I took my ex employer to small claims due to non payment of wages, over £4000 in fact.
He admitted to the claim and wanted to pay £50 every week for 92 weeks to which I declined. I was awarded a CCJ with payment in full forthwith.

In the claim I explained that my ex employer was paying himself a full wage so that he can show his bank he is getting a constant wage so he could get a mortgage.

I also explained that he was paying actors £300 per week for several weeks for a production they were running. There were 5 actors in total that were being paid.
He did not contest to my claim and like I said he admitted in full that he owed me.

I had applied for a High court writ and it was awarded to myself and while the bailiff company had sent their initial letter to my ex-employer, he had written to the court for a re-determination.

The bailiffs are on hold until the outcome of the re-determination.

What my employer has done is that he is broadcasting all over social media about a big mass sale he did and how much he raised... Over £3k. He has also put several job vacancies including how much they will earn. I have screen shots of everything he has put all over social media so I can produce it to the judge.

I would like to add that the defendant has not contacted me in any way, shape or form.

Is there anything else I will need to produce when I go to the re-determination?

jess100

I have the same question as quoted below (sorry - I couldn't find a previous response), i.e. does the Directions Questionnaire allow me to fully and further explain my case?

Or, now that I have received the Defence, do I respond to the Defendant directly with my counter arguments / additional evidence?

Additionally, what are people's experiences of how long it takes to receive the Directions Questionnaire following the filing of a defence?

Thanks all

liam8282 wrote: »

I have recently started the ball rolling on my first claim in the smalls claims court.

The company has decided to defend the claim. I am waiting for the directions questionnaire now and what to do next.

When I initially submitted the claim, I thought the particulars of the claim section was very brief and limited, as I filed online.

Now, when the directions questionnaire arrives, will this give the opportunity to tell the full account of what happened, along with supporting evidence?

I am unsure as to what I happens from now on.

worph

Hi guys, hopefully you are winning your cases..

I bought used Pc monitor from company what has registered office in London. I did it online so it`s distance sale and I`m a consumer not a company who live in Scotland. I decided return item in 14 days and apply for refund money (660 pounds) but they refused to pay me money back because they said I returned faulty monitor. Is any chance to win with them and should I use "simply procedure" in Scotland where I live or "small claims" in England where they have an office.. Thanks.

enaid

If I lose my small claim can the defendant claim all his costs Solicitors fees etc?
In their bundle they have put the costs and they are massive compared to my claim

KeithP

enaid wrote: »

If I lose my small claim can the defendant claim all his costs Solicitors fees etc?
In their bundle they have put the costs and they are massive compared to my claim

MSE's Small Claims Court Guide - mentioned in the first post on this thread - offers good guidance on that.

da_rule

enaid wrote: »

If I lose my small claim can the defendant claim all his costs Solicitors fees etc?
In their bundle they have put the costs and they are massive compared to my claim

The general rule, in the small claims track (under CPR 27.14) is that the winning party can claim:
1) Any court fees they have paid;
2) Fixed costs as set out under CPR 45 (these are generally for the claimant only and include the cost of issuing the claim etc);
3) Any out of pocket expenses or lost earnings that they or any of their witnesses have incurred as a result of needing to attend court;
4) Capped expert witness costs (generally only if an expert witness/report was ordered by the court as part of the directions.

Generally, and subject to the paragraph below, you cannot claim legal costs in the small claims track. But you are at risk to some costs, as set out above, which is something you should have been aware of before commencing your claim. You also need to ensure that you’re aware of what costs you can claim and how to evidence this.

If the defendant can prove that you’ve acted unreasonably then the gloves come off to a certain extend and the judge then has the ability to add any additional costs claim that he/she thinks is reasonable given your unreasonable conduct.

There are also additional cost rules if this is a personal injury case.

da_rule

worph wrote: »

Hi guys, hopefully you are winning your cases..

I bought used Pc monitor from company what has registered office in London. I did it online so it`s distance sale and I`m a consumer not a company who live in Scotland. I decided return item in 14 days and apply for refund money (660 pounds) but they refused to pay me money back because they said I returned faulty monitor. Is any chance to win with them and should I use "simply procedure" in Scotland where I live or "small claims" in England where they have an office.. Thanks.

It will depend where the contract was formed. You’ll probably need to refer to their terms and conditions to see if the contract is deemed to be made in England or somewhere else. I’d be 99.9% sure that they’d be governed by the English courts, but always good to check as you don’t want you claim to be struck out because the court you file in doesn’t have jurisdiction to hear it.

enaid

Thanks , I have been reading about the costs and did find there were caps on the amount. I think the defendants solicitors was trying to scare me into backing off by making me aware of the costs and the fact they will ask the judge to award them if they win. Thanks again x