Unwanted Attention

RICKY_LIAR

I am being pursued through the small claims track. I have defended the claim, but the individual has persisted in writing and calling me to 'discuss' his claim....Is there a protocol involved where either party should not contact each other?

InsideInsurance

No, indeed the courts are supposed to be the last resort and if people dont attempt to settle out of court then the judge can make the winner pay the losers legal costs (though it is rare) if the winner had not made any reasonable attempts to deal and jumped straight to the court room.

Only if it goes from reasonable attempts to settle to harassment can action be taken but then its simple harassment and the court element is irrelevant.

RICKY_LIAR

What I am asking is, once a date has been set for a hearing, can or should the claimant contact the defendant?

vuvuzela

RICKY_LIAR wrote: »

What I am asking is, once a date has been set for a hearing, can or should the claimant contact the defendant?

There's nothing to say that they shouldn't. If you feel it is harassment due to the number of times you are contacted, ask the police.

InsideInsurance

RICKY_LIAR wrote: »

What I am asking is, once a date has been set for a hearing, can or should the claimant contact the defendant?

Can they? Yes (obv assuming no restraining order etc)

Should they? Its not strictly necessary but as previously, court is last resort and so if there is a reason they now believe things can be dealt with without using up the courts time then arguably they should. On the basis its already been issued on though in most cases then there shouldnt be any longer a reason to believe it can be resolved.

In my years of doing claims I went to court many times but only a handful of times did we actually make it into the court room as on the majority of cases we came to a resolution before the session, sometimes minutes before.

RICKY_LIAR

Ok - Thanks for the advice.

akkers

As for being reasonable agree to being contacted in writing but not personally or via telephone. You do not really want to see them face to face as things could get heated.

shaun_from_Africa

Why not contact the other party and state that you would be willing to discuss the matter over the telephone providing that the conversation can be recorded and made available to the court should you wish.

That way there would be proof of exactly what was discussed and by recording the calls, it should hopefully prevent threats, insults or anything similar.

enfield_freddy

if he,s (or she) is still trying to get you to pay by ringing you , they are not confident that they will win in court ,

DCFC79

Depends what hes calling for, is he wanting to settle out of court or just calling you for other reasons to do with the case.