Small Claims Court

hollydays

" Initially the parties should try to agree on an expert to instruct – if they cannot agree the court will help them to reach a decision."

But presumably you have read these notes
http://www.aboutsmallclaims.co.uk/expert-evidence-small-claims.html

chigz1

I have read that and CPR part 35.

My issue is that the court asked me to choose from the defendants choices despite them giving me incorrect information in the first place. Furthermore I had no basis to choose one as I only had 2 names.

[Deleted User]

chigz1 wrote: »

I used an Witness Expert registry but the quotes I was receiving was far higher than the limit set by the courts.

That's unfortunate.

Are you sure this is actually worth pursuing through the small claim courts?
The person you are bringing the complaint against has certainly taken it seriously enough to engage a solicitor which would suggest he isn't likely to settle out-of -court.

I think your only option is to just choose one of the Tradesmen so far put forward. Otherwise it will cost you a further £250 for an adjournment.

You'll have to argue your own case in court if the independent you select does not agree with you. You'll have a hard time showing that he is biased though.
However, that is by no means the definite outcome as he may well agree with your assessment.

chigz1

Moneyineptitude wrote: »

That's unfortunate.

Are you sure this is actually worth pursuing through the small claim courts?
The person you are bringing the complaint against has certainly taken it seriously enough to engage a solicitor which would suggest he isn't likely to settle out-of -court.

They did offer me a settlement early on but that was 15% of what i paid. To correct the work was going to cost me the same amount I originally paid.
The solicitors have been very difficult. Setting short deadlines to respond and then writing to the courts. I chose one of the tradesmen in the end but they said its too late now and they have written to the courts saying i didn't cooperate.

The hearing is next Tues 9th, seem like I dont have many options other than to wait till the hearing?

unholyangel

chigz1 wrote: »

I spoke to the courts and they didn't give any specific on who a "expert" should be. I used an Witness Expert registry but the quotes I was receiving was far higher than the limit set by the courts.

As far as I could find there are no guidelines for who can be an expert, hence why I chose companies that do this as their sole business.

Going back to my question, does anyone have any ideas on how i can approach this?

In small claims given the restrictions on cost etc, it can basically be anyone who is qualified/experienced.

So if you were complaining about electric work carried out, any competent electrician should be able to give a report. Likewise if you're complaining about landscaping, any competent landscaper could provide a report.

If you can give details on what the problem is, perhaps we'd be able to suggest who you might be able to use as a witness.

[Deleted User]

chigz1 wrote: »

I chose one of the tradesmen in the end but they said its too late now and they have written to the courts saying i didn't cooperate.

The hearing is next Tues 9th, seem like I dont have many options other than to wait till the hearing?

Yes, as I said, you'll just have to argue your case in court. If pushed, you can say that you weren't happy with any of the choices presented to you.