Small claims court procedure

Alanem

Many years ago I used the small claims court system once when it was very straightforward. An initial fee was paid, a hearing date set and the guilty party paid me plus fee the day before the hearing. I've applied on online to the small claims court for a £200 debt and I was charged £25 so my total claim was £225. The process includes mediation and a date has been set. If this is unsuccessful and it goes to a hearing there is a charge £35. Does this charge have to be paid before the hearing will be arranged? Can I get it back if my defendant pays up the day before the hearing or do I have to repeat the process for the £35. If I’ve paid for a hearing and he offers to pay the initial £225 can I refuse to accept it and insist it goes to hearing. In which case can I increase my initial claim to include all the extra charges. Or do I forget the whole thing and let the arrogant moron who owes me the cash and who said it was a useless system anyway, off the hook.

waamo

You pay the hearing fee before the hearing, that's what it's for.

Any arrangements you make regarding payment before the hearing are up to you. You can ask for the fees or you can forget them. If you win they are added to the cost of your claim that the defendant has to pay.

As to your final question that's an issue for you to decide. Without knowing details of your case nobody here can say if you should persue it or not.

Alanem

Thanks for your prompt and helpful reply. If I’ve paid for a hearing and he offers to pay the initial £225 before the hearing can I refuse to accept it and insist it goes to hearing. Will this jeopardise my case?

twhitehousescat

yes , the cost INCLUDING court fees are now £260

waamo

Alanem wrote: »

Thanks for your prompt and helpful reply. If I’ve paid for a hearing and he offers to pay the initial £225 before the hearing can I refuse to accept it and insist it goes to hearing. Will this jeopardise my case?

Negotiations before a hearing are normally confidential. If he makes an offer you have every right to decline it. The judge will know nothing about it.

In saying that offers marked "without prejudice save as to costs" can be shown after a hearing when a judge is looking at costs issues. If you have behaved unreasonably then you may not get all the costs.

Holding out for the full debt is not unreasonable.

macman

NB: there is no 'guilty party' , it's a civil dispute.

Alanem

I have been asked by the court for a statement of case verified by a Statement of truth confirming



Whether the claim is against an individual carrying on business in another name, a partnership, an unincorporated association or a limited company. How can I find this out? The defendant won't answer my calls and if he did I'm sure he wouldn't tell me. I suspect it is a father/son business. I do have a written guarantee with the name of the business and an address but nothing else. No company numbers etc.

DoaM

They're basically asking you to confirm who you are pursuing ... likely because the other party have claimed you're pursuing the wrong entity thus the claim should be struck out.

Alanem

Thanks so much for your prompt reply...but I don't know what answer to give or how to find out.

DoaM

I'd guess that none of us here can tell you that. You know who you've raised the claim against ... what basis did you use to specify that defendant?

Alanem

I do appreciate your interest. I used the business name of the roofing contractor as shown on his written guarantee as defendant.