Small Claims Court guide

Doc_N

Pollycat said:

Doc_N said:

A Westminster friend has a problem with a County Court Judgment (Case number:161MC959).
He says it isn't correct, and would like to get it set aside.
Any thoughts please?

You are admitting be being a friend of Boris Johnson...?

I put that badly. Sorry - a strange, womanising, incompetent liar who claims to be a friend...........

pphillips

Doc_N said:

A Westminster friend has a problem with a County Court Judgment (Case number:161MC959).
He says it isn't correct, and would like to get it set aside.
Any thoughts please?

From what I've read, you're referring to a CCJ made against the PM for defamation although the PM has never written about the claimant or referred to them in public.

When an application is made to set aside a judgment, the court takes very seriously the matter of promptness and PM's lawyers will have to address that issue. They are likely to address the procedural irregularities concerning the claim (wrong name, wrong address and wrong court). They will then make the case for the court to strike out the claim and issue a declaration that the claim is totally without merit.

If the PM's lawyers acted on the PM's awareness of the ccj without delay, then I believe there is a good chance these applications will succeed.

Razam622

Hi
I hope everyone is well.
Apologies if this has been answered already, but 70 pages to read through!! lol
Apologies also in advance for the long explanation...

I'm in a dispute with a builder. I have been emailing him to request a refund of my deposit, & giving him full details of why. He has been replying to basically say "No". I'm thinking of taking him to Small Claims Court. I was told that his address is needed, but none of his written quotes included his address, nor his facebook/instagram page. I did manage to find an address linked to him & sent a recorded delivery letter. That was received (but no signature from the person receiving it due to Covid).

In the letter, I asked him for a reply within 7 days, and he replied with a letter attached to an email, in which he said "Thank you for your recent Recorded Delivery letter...". Which doesn't really confirm he lives at that address (it could have been an old address of parents, or an ex, etc.)

My question is, if that address is not his actual address, will that cause a problem with a Small Claims case? or could I use his email address, which he has clearly been corresponding with me?

Any help & advice would be greatly appreciated. Thanks

Razam622

Is anyone able to advise please? 

pphillips

Razam622 said:

Is anyone able to advise please? 

Practice Direction 16 (2.2) "The claim form must include an address at which the claimant resides or carries on business.."
However, I don’t believe you will be asked by the court to prove this on the facts. If letters are being sent to the defendant's last know address, where they are received and not being returned, then I think that would be satisfactory for the court.

ChrisH2021

Hi, would appreciate some views. I am in dispute with a heating company over a truly awful boiler installation, real cowboy builder type stuff. I have not paid their invoice, and had not intended to do so until (if) they rectify the many issues. This was on the understanding that there is very limited additional costs awarded even if they took me to small claims and I lost (very unlikely, but i guess possible). However I have read a few articles that suggest debt recovery costs could be claimed if Ts&Cs contain a clause to that effect. Not surprisingly these lots do. My thought is now to pay the invoice without prejudice and them seek recovery of the costs to put the work right. This way I mitigate and risk of debt recovery costs. Thoughts welcome!

pphillips

ChrisH2021 said:

Hi, would appreciate some views. I am in dispute with a heating company over a truly awful boiler installation, real cowboy builder type stuff. I have not paid their invoice, and had not intended to do so until (if) they rectify the many issues. This was on the understanding that there is very limited additional costs awarded even if they took me to small claims and I lost (very unlikely, but i guess possible). However I have read a few articles that suggest debt recovery costs could be claimed if Ts&Cs contain a clause to that effect. Not surprisingly these lots do. My thought is now to pay the invoice without prejudice and them seek recovery of the costs to put the work right. This way I mitigate and risk of debt recovery costs. Thoughts welcome!

Are you certain that you can recover your costs from the company if you win at court? For example, they may wind up the company to avoid compensating you and other unhappy customers. My preference would be to point out the issues and say they can either rectify them or accept a part payment in full and final settlement of the debt.

lancinglancer

Hi,

My mum recently took her housing management agents to small claims to refund some of the fees they had been collecting on behalf of the management company. Long story but she  lost as the judge ruled she was suing the wrong party. They appointed a team of lawyers to defend the case and they have claimed costs which were awarded. 

She understood the defendant would normally get  the courts permission to appoint legal representation and that her potential costs would be limited. She was claiming for £250.

The costs have to be paid within 28days which she cannot afford. Can anyone explain if she has any options?

Thanks

Jenni_D

What costs have been awarded? Did the notice of allocation confirm that this would be a claim in the small claims track? Normally solicitor costs are limited to £50 or thereabouts in the small claims track.

It would help if you could show the exact wording of the court order. (Redact any personal info).

Her options are to:

1) Pay it within the allotted time;
2) Don't pay it and have a CCJ registered against her (which will impact her ability to get credit / get lower interest rates for credit for 6 years);
3) Appeal the judgment - but she would have to show that the judge erred in law; simply disagreeing with the judgment is not grounds for appeal. The cost to appeal may also be prohibitive.

Note: IANAL etc.

pphillips

lancinglancer said:

Hi,

My mum recently took her housing management agents to small claims to refund some of the fees they had been collecting on behalf of the management company. Long story but she  lost as the judge ruled she was suing the wrong party. They appointed a team of lawyers to defend the case and they have claimed costs which were awarded. 

She understood the defendant would normally get  the courts permission to appoint legal representation and that her potential costs would be limited. She was claiming for £250.

The costs have to be paid within 28days which she cannot afford. Can anyone explain if she has any options?

Thanks

The judge got it right, you can't claim money from an agent who is acting under the instruction of someone else.

In the small claims track costs will come under the fixed cost regime, where legal representation is not awarded. The appointment of a legal team might therefore suggest that the case had been upgraded to either the fast or multi track.

Don't think there is anything she can do legally but I suggest that she gets debt advice if she can't afford to pay the costs.