can i make a claim for criminal defence cost in the small claims court?

richardw

Figaro2016 wrote: »

....Do you really believe the CPS / Police are equipped to...

.......er Nope.

Figaro2016

I did not vote Conservative, but I would admit that I didnt give much attention to the removal of legal aid at the time because I have been a law-abiding member of society my whole life and I probably naively assumed as you do that the system works; I hope you never have to deal with it yourself because you will find out the hard way that it does not.

As for evidence, my question was rhetorical - there was no evidence except a person saying they upset - that is enough. You may be asking yourself why does this not happen more often then? I believe simply because it would not occur to most people to use the system in this way...

Figaro2016

Thanks for replies so far but I would just like to stress that I was looking for specific procedural advice re small claims court. That is I would like to know whether it is possible to claim for legal costs in this matter against my ex partner? Ultimately, the failed prosecution was brought ineptly by Police and CPS, but it was driven by my ex partner so where would I stand were I to seek to recover the costs that I incurred as a result? Also, as for my property what proof would I need? I am talking about clothes, books, DVDs, electrical items etc for which I obviously cannot provide receipts now and more importantly personal effects from my past for which I never had receipts.


Thank you.

SuzieSue

I don't understand why you are getting such a hard time on here. If what you said is true, you have been treated very unfairly.

What it has to do with voting Conservative I really don't know, but it would seem that in the eyes of that poster if you did, you deserve everything you get. People can't read every line of the manifesto before they vote. But I assume that poster did before she voted Labour.

It will cost very little to submit a claim in the "Small Claims" Court, so there is no harm in trying to get your property back.

pphillips

First step is to send a list to your ex of all the items you want returning and the amount of compensation you want her to contribute towards your legal costs and give her a fair time period to comply, probably 14 or 28 days, and an ultimatum that otherwise you will take her to court.

SuzieSue

Figaro2016 wrote: »

Thanks for replies so far but I would just like to stress that I was looking for specific procedural advice re small claims court. That is I would like to know whether it is possible to claim for legal costs in this matter against my ex partner? Ultimately, the failed prosecution was brought ineptly by Police and CPS, but it was driven by my ex partner so where would I stand were I to seek to recover the costs that I incurred as a result? Also, as for my property what proof would I need? I am talking about clothes, books, DVDs, electrical items etc for which I obviously cannot provide receipts now and more importantly personal effects from my past for which I never had receipts.


Thank you.

Do you have any photos of the flat on your phone which show your belongings?

It doesn't matter if you don't have the receipts as you wouldn't be expected to have them but do you have credit card or debit card statements?

Figaro2016

OK thank you but I am afraid I cannot risk making any direct contact with her after what happened. As mentioned when I wrote to her previously politely requesting my property her response was to cite this as evidence of 'unwanted' communication. Yes, eventually that communication was deemed to be perfectly reasonable by the Court...but no common sense was applied to it before that either by the Police or CPS. All that was heard was the alleged upset caused...

Figaro2016

One of the items I want back most is a bottle-opener my mother gave to me many years ago when I turned 18 - it was a symbolic thing and had a personalised inscription. She's not with me now and it has precisely no monetary value at all, I have not photo of it and cannot evidence in any way that it even exists but it was in a box of other such stuff in our home - which may well have all been taken to the tip for all I know.

How on earth would I make a claim for things like that?

LilElvis

Figaro2016 wrote: »

OK thank you but I am afraid I cannot risk making any direct contact with her after what happened. As mentioned when I wrote to her previously politely requesting my property her response was to cite this as evidence of 'unwanted' communication. Yes, eventually that communication was deemed to be perfectly reasonable by the Court...but no common sense was applied to it before that either by the Police or CPS. All that was heard was the alleged upset caused...

Then how do you propose taking her to court if you, or your solicitor, don't contact her?

Proxima_Centauri

SuzieSue wrote: »

What it has to do with voting Conservative I really don't know, but it would seem that in the eyes of that poster if you did, you deserve everything you get.

Exactly. Don't rise to the bait, OP.