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Can defendant in Small-Claims court charge for ''time spent preparing for trial''??

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  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 12 September 2019 at 7:57PM
    There is a lot in the emails from the Defendant's McKenzie representative that is simply incorrect.

    But why are you engaging in letter tennis with the Defendant's McKenzie representative? It's a pointless willy waving exercise.

    Simply make your claim, make the applications you need to make, attend the court hearing and let the judge make a decision.

    I'm not sure why you are being advised that you have to go to a solicitor. The whole point of small claims track is that you are not supposed to need a solicitor for simple cases (though of course one can be helpful).
  • hollydays wrote: »
    That's what I asked the op to do today.
    Even solicitors who are non practicing are on a list.
    Proving the so called non practicing solicitor May be bogus , and or is in breach of their practice rules, would have been crucial, but if the op hasn't even done this, I'm out.

    Hello I did look on the list but cannot locate this McKenzie friend on there.

    However as my claim is against the defendant, I am unsure what difference it would make to my claim if I contacted the court and reported my suspicion that the individual who is acting as the McKenzie friend isn't listed on an online directory of solicitors?
  • macman wrote: »
    But you could afford to spend £7,500 on 'custom-made videos'?

    I didn't spend £7,500 on videos, I spent just over £3,000 on them, and that was 15+ months ago.
    My financial status at that time was very different to how it is now.

    I have contacted a few solictor firms though now, seeking representation.
  • October868 wrote: »
    Hello I did look on the list but cannot locate this McKenzie friend on there.

    However as my claim is against the defendant, I am unsure what difference it would make to my claim if I contacted the court and reported my suspicion that the individual who is acting as the McKenzie friend isn't listed on an online directory of solicitors?

    You are wasting your time with looking into this.

    The only thing the court will adjudicate is whether you have a valid claim against the defendant, and whether the defendant has a valid counterclaim against you.

    You won't win or lose the case based on how qualified (or not!) the McKenzie friend is.
  • There is a lot in the emails from the Defendant's McKenzie representative that is simply incorrect.

    But why are you engaging in letter tennis with the Defendant's McKenzie representative? It's a pointless willy waving exercise.

    Simply make your claim, make the applications you need to make, attend the court hearing and let the judge make a decision.

    I'm not sure why you are being advised that you have to go to a solicitor. The whole point of small claims track is that you are not supposed to need a solicitor for simple cases (though of course one can be helpful).


    Hello I merely engaged in communication with them to try getting a pre-trial settlement agreed.

    They/the defendant have declined that, and so the matter will now proceed to trial.
    *My reason for responding to the points which they made though, rather than simply ignoring them, is because I didn't want to risk them using that against me by saying ''he didn't deny various accusations''... ect

    However as they have rejected my offer for a mutual-withdrawal of claims, well I am seeking to hire a solicitor to represent me, and the matter will ultimately now be dealt with at court.
  • I know this isn’t (on face value) helpful - but based on everything you have told us, and on only HALF the information.....

    It does appear as though you have tried to exploit this person.

    Perhaps I am too principled (or bloody minded) but your out of court settlement suggests to me you are beginning to realise that this kitty might actually have claws, and more Importantly, caught you out in the process...

    My point is, you have been (on a number of occasions) strongly advised to seek professional help..... do not ignore this....

    Get a loan, or a credit card, or borrow - as you will almost certainly be better off as a result.... (whether that be fighting, or conceding)

    My 2p worth.


    Hello may I please ask in what ways exactly you think I may of 'exploited' the defendant?

    In regards to the work which they were commissioned to do / money which they were paid, They themself promote & advertise themself online as being a professional performer.producer who is seeking to perform in/produce adult-level videos.
    The majority of the work which they do is for various small video-brands, where the average pay-rate is £40/£50 per hour for these levels, and where the videos are owned & sold exclusively by the brand.

    In regards to their dealings with me, I contacted them based on their own advertisement of being a producer of custom adult-themed videos, provided them the full info about what the videos would involve, and asked if they would be interested in undertaking the work.
    They stated multiple times that they would be, and stated the prices which they wished to charge me (over double the industry-standard price).


    I appreciate that you may not 'approve' of the type of work which they choose to do, but it is a fully legal industry, and moreover is work which they themself choose to do/actively seek.

    Sadly the only victim in this matter is me, as they scammed/stole thousands of pounds from me by quite simply only doing half the work which they agreed to, and then just blocking me & vanishing with the rest of the money, knowing that as I didn't know their real name nor address I wouldn't be able to do anything about it.

    They have also, since the MCOL claim was made, tried on multiple occassions to indirectly intimidate/blackmail into dropping the claim by contacting people whom I know and telling them that I'm a !!!!!*phile/a creep/disclosing my name & home address to random people... ect

    Me making the settlement offer was in no way because I feel that I have done anything wrong,
    as ultimately I have simply been a victim of a very vile nasty fraudster, and so the only thing I did wrong was being naive/trusting enough to trust her when she acted nice & pleasant towards me until she had gotten my money.
    Instead my reason for making this pre-trial settlement offer was purely because even though it would mean me having lost over £3,500 of my money (and never being able to recover it), atleast that would bring an end to this matter, and mean that the defendant would stop trying to ruining my life by making up vile (but extremely serious) false allegations against me such as that I'm a paed*ophile, and spreading those rumours amongst people whom I associate with.

    Even if I win this claim I know that I will never actually be able to recover any of the money from her, as the second that I took any enforcement action via the court, she would just deploy a whole new layer of false rumours to destroy my reputation & life. :(
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 September 2019 at 10:04PM
    October868 wrote: »
    Hello I did look on the list but cannot locate this McKenzie friend on there.

    However as my claim is against the defendant, I am unsure what difference it would make to my claim if I contacted the court and reported my suspicion that the individual who is acting as the McKenzie friend isn't listed on an online directory of solicitors?

    If you'd have read the link, you'd have seen that if someone claims to be a non practising solicitor , they will not be on the main list accessible online , but will be on a seperate list.

    You needed to contact the sra and explain the situation to them, then they can check their register, and depending on what they say , if you discover in effect, you have proof the Mackenzie friend has been in effect, a rogue solicitor and intimidating you, it has a knock n effect.

    As someone else says,you need to consult a solicitor .
    You are not understanding how all this intimidation links in..
    You definitely need legal advice..
  • Ok, but if you just wanted an end to the matter, why take it to court? Makes no sense....
    Seems to me you were hoping for a roll over and have bitten off more than you can chew.....

    But at the end of the day, what does my opinion matter? I only know your side of the story.
    If your confidence is that strong, seek professional help, go to court and defend yourself....

    I’m being deliberately native as I want you to really seriously consider getting help......
    Best of luck.


    Hello I am not going to say anything nasty or unkind to you as that simply is not my style.
    I genuinely do appreciate everyone who attempts to help me.

    In regards to what you have said though, please understand/be aware that a mutal withdrawal of claims (which I offered) would not be a 'beneficial rollover' for me.
    I have already paid the defendant over £3,000 + paid nearly £500 in court costs, but have nothing in return for that.
    My offer to the defendant was that I would withdraw my claim, so she would be able to keep all of that £3,000+ herself, plus none of the videos which she produced for me (on the clear basis that I would have the right to sell them), would be sold online, and instead would simply be terminated by me.

    So ultimately that was me 'rolling over', accepting a loss of a huge amount of money, and simply attempting to learn from my mistake of being too naive, and trying to move on with my life.


    In regards to you only having heard '1 side of the story', all I will say is that this is an anoymous forum, in which I have created this thread purely to seek advice for the issue.
    I literally have absolutely nothing whatsover to gain by witholding any info in this thread, as ultimately this is an anonymous thread, not a court hearing, and so I have provided the full & complete info (despite how lame/pathetic it's made me look), to enable any helpful posters to provide accurate advice to me.
    But so there quite simply isn't 'another side' to the story, as I have provided a full & complete summary of the matter.


    I have already taken the advice of people on her and emailed multiple solicitor firms to request their representation in this matter, so hopefully I will have a qualified professional helping me by next week. :o

    #

    I am happy to openly admit that I do suffer from multiple mental-health conditions (including social-anxiety disorder & chronic depression), plus suffer from a mild learning-difficulty, so am ofcourse aware that I am sadly an easy target for predatory-fraudsters who view me as weak/vulnerable due to how I am.

    I personally don't like to think of myself as being 'vulnerable', but at the same time would never want nor seek to intentionally 'exploit' anyone.
    That is why during all my dealings with the defendant I ensured (via email) at every stage that they were fully & completely comfortable with everything which I had ordered from them.
  • hollydays wrote: »
    If you'd have read the link, you'd have seen that if someone claims to be a non practising solicitor , they will not be on the main list accessible online , but will be on a seperate list.

    You needed to contact the sra and explain the situation to them, then they can check their register, and depending on what they say , if you discover in effect, you have proof the Mackenzie friend has been in effect, a rogue solicitor and intimidating you, it has a knock n effect.

    As someone else says,you need to consult a solicitor .
    You are not understanding how all this intimidation links in..
    You definitely need legal advice..


    Hello and thankyou for your email.

    I will be perfectly honest in that I have been scared about 'going after' the McKenzie friend, simply because even if I proved that they were a mass-murderer, that wouldn't (to my knowledge) actually have any impact on the particulars of my claim/the defendant's counterclaim.
    But it would ofcourse create a new enemy for me, and given the extreme amount of pressure that I'm currently under the last thing I want is a legally-trained professional targeting me! :(

    If you say it would help me if I tell the court that they have been 'intimidating me', I will pursue that.
    But the reason why I had been reluctant to do that is because all I want is for the people involved in this matter to leave me alone, to stop making up false allegations about me which are ruining my family & personal life, and to not ruin my entire future. :(
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    October868 wrote: »
    Hello and thankyou for your email.

    I will be perfectly honest in that I have been scared about 'going after' the McKenzie friend, simply because even if I proved that they were a mass-murderer, that wouldn't (to my knowledge) actually have any impact on the particulars of my claim/the defendant's counterclaim.
    But it would ofcourse create a new enemy for me, and given the extreme amount of pressure that I'm currently under the last thing I want is a legally-trained professional targeting me! :(

    If you say it would help me if I tell the court that they have been 'intimidating me', I will pursue that.
    But the reason why I had been reluctant to do that is because all I want is for the people involved in this matter to leave me alone, to stop making up false allegations about me which are ruining my family & personal life, and to not ruin my entire future. :(

    I don’t think anyone’s told you to tell the Court. You have been told to tell the SRA (who regulate solicitors). They have the ability to sanction solicitors, even non-practicing ones.

    The Court will only be interested in how the McKenzie friend behaves in Court. If they try to actually litigate on behalf of the other party then that is where it can become an issue (although they could apply for a right of audience as a lay representative).
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