Small Claims - waiting since May 2020...

bobbysox1v

I registered a Consumer Rights case on 7/5/20.  I understand that COVID19 put everything on the skids but I am yet to get my case even looked at.  The last thing I managed to find out by sitting on hold for 1hr 20 mins was that my case was moved to Norwich CC on 2/9/20.  They told me it would be allocated within 7 to 10 working days but I have still not heard anything.  I did it as a money claim online and went for £10000 because (stupidly) the system said that was the maximum for a small claim (wrong.... its 999.99) and so the judge now has to decide whether it goes as a fast track or a small claim.  That is apparently what I am now waiting for.  The phone line isnt even taking calls to its queue and no one replies to emails.  Is anyone else still waiting like this ?  The other side have a solicitor who has told me if it goes to fast track I will be billed for £58k expenses if they win and the stress is making me physically sick every day.  

Aylesbury_Duck

bobbysox1v said:

I registered a Consumer Rights case on 7/5/20.  I understand that COVID19 put everything on the skids but I am yet to get my case even looked at.  The last thing I managed to find out by sitting on hold for 1hr 20 mins was that my case was moved to Norwich CC on 2/9/20.  They told me it would be allocated within 7 to 10 working days but I have still not heard anything.  I did it as a money claim online and went for £10000 because (stupidly) the system said that was the maximum for a small claim (wrong.... its 999.99) and so the judge now has to decide whether it goes as a fast track or a small claim.  That is apparently what I am now waiting for.  The phone line isnt even taking calls to its queue and no one replies to emails.  Is anyone else still waiting like this ?  The other side have a solicitor who has told me if it goes to fast track I will be billed for £58k expenses if they win and the stress is making me physically sick every day.  

Why on earth did you "go for" £10,000?  What were your actual losses?  In excess of that, or less and you've loaded your claim unnecessarily?  Anyway, I think £10,000 is the maximum, where are you getting the £999.99 from?

As to the wait, I'm afraid that's all you can do, such is the situation at the moment.  There's a very real chance that things will be delayed further as local, regional or even national lockdowns are a possibility.

waamo

bobbysox1v said:

I registered a Consumer Rights case on 7/5/20.  I understand that COVID19 put everything on the skids but I am yet to get my case even looked at.  The last thing I managed to find out by sitting on hold for 1hr 20 mins was that my case was moved to Norwich CC on 2/9/20.  They told me it would be allocated within 7 to 10 working days but I have still not heard anything.  I did it as a money claim online and went for £10000 because (stupidly) the system said that was the maximum for a small claim (wrong.... its 999.99) and so the judge now has to decide whether it goes as a fast track or a small claim.  That is apparently what I am now waiting for.  The phone line isnt even taking calls to its queue and no one replies to emails.  Is anyone else still waiting like this ?  The other side have a solicitor who has told me if it goes to fast track I will be billed for £58k expenses if they win and the stress is making me physically sick every day.  

You will be in for a long wait. Cases typically take about 12 months to be heard. Whilst expenses can be claimed on the fast track they remain limited. A judge wouldn't entertain a bill of £58k unless your behaviour was deemed to be unreasonable. Even then unreasonable is a very high bar to jump.

bobbysox1v

I actually asked the company to pay £14k which was the cost of putting right their construction mistake but because I didnt want to use a solicitor I (maybe stupidly again) went for a small claim.  However, its "up to £10k" according to the other side and also when I tried to ring the court the one person I did get to speak to confirmed that from £10k its a fast track or a multi track.  Its driving me crazy.  I have already spent  my life savings of £77k with the company so the thought of £58k if i lose is breaking me. 

Aylesbury_Duck

bobbysox1v said:

I actually asked the company to pay £14k which was the cost of putting right their construction mistake but because I didnt want to use a solicitor I (maybe stupidly again) went for a small claim.  However, its "up to £10k" according to the other side and also when I tried to ring the court the one person I did get to speak to confirmed that from £10k its a fast track or a multi track.  Its driving me crazy.  I have already spent  my life savings of £77k with the company so the thought of £58k if i lose is breaking me. 

I think you need to get some legal advice because it sounds as if there's a lot at stake either way.  When large sums like this are bandied about it's too risky to go down the DIY route.

red_boots2

I can only comment on the question about the delays which sounds about right. I was due to have my case heard in March which got postponed until August and has been postponed again to end of Nov. There is a huge backlog at the moment and cases are being prioritised from other courts according to what I was told. (Making use of the space not hearing other civil cases)

Sandtree

The court track system has two limits, one for injury and one for non-injury, however these limits are effectively advisory and as a general rule of thumb the courts are encouraged to keep cases in the lower tracks however if there is a high level of complexity the case can go into a higher track even if the value is low.

So the small track limit is £1,000 for injury and £10,000 for property damage. I cannot remember off hand if its explicitly "up to and included" or "up to" but the difference of 1 penny is unlikely to sway a judges decision to allocate something into Fast Track.

Even if the case does go into the Fast Track what legal expenses can be claimed is still significantly restricted and so unless they can show fraud or some other major issue with your case then they have a snowballs chance in hell of getting £58k for defending at £10k claim.  If they managed to add a couple of grand on, especially as your paying the court fees anyway, they'd be very lucky. Its only when you get into Multi-Track that you start getting material legal fees emerging.

steampowered

You would only be ordered to pay the defendant's legal costs if you lose the case (or if you wasted everybody's time by failing to comply with court directions).

If you win the case, they will be paying your costs.

Where does the £58k figure come from? If the Defendant is going to be potentially paying their lawyer £58k of legal fees, they will be better off just settling the case and paying you what you have asked for.

Have you considered making a settlement offer - for example, offering to accept a reduced amount in full and final settlement of your claim (e.g. £8,000) to settle the case? If not, it is worth making a formal settlement offer in writing, stating that you believe you have a strong case and are fully prepared to see the claim through until trial, but in the interests of saving both sides cost and expense you would be willing to agree a settlement of £x.

bobbysox1v

steampowered said:

You would only be ordered to pay the defendant's legal costs if you lose the case (or if you wasted everybody's time by failing to comply with court directions).

If you win the case, they will be paying your costs.

Where does the £58k figure come from? If the Defendant is going to be potentially paying their lawyer £58k of legal fees, they will be better off just settling the case and paying you what you have asked for.

Have you considered making a settlement offer - for example, offering to accept a reduced amount in full and final settlement of your claim (e.g. £8,000) to settle the case? If not, it is worth making a formal settlement offer in writing, stating that you believe you have a strong case and are fully prepared to see the claim through until trial, but in the interests of saving both sides cost and expense you would be willing to agree a settlement of £x.

The £58k is what their solicitor put forward with their defence.  They said they would not accept any form of offer and then suddenly offered a hands-down with them apparently covering their own costs so far of £6700...  I countered with £8000 to walk away and they replied with £3000 and said that this was the final offer.  SO I responded saying that I was prepared to go to court and would not accept anything less than £10410 (my claim plus cost to raise it in the first place) to walk away.   I have heard nothing since.  That was 3 weeks ago.

waamo

steampowered said:

You would only be ordered to pay the defendant's legal costs if you lose the case (or if you wasted everybody's time by failing to comply with court directions).

If you win the case, they will be paying your costs.

Where does the £58k figure come from? If the Defendant is going to be potentially paying their lawyer £58k of legal fees, they will be better off just settling the case and paying you what you have asked for.

Have you considered making a settlement offer - for example, offering to accept a reduced amount in full and final settlement of your claim (e.g. £8,000) to settle the case? If not, it is worth making a formal settlement offer in writing, stating that you believe you have a strong case and are fully prepared to see the claim through until trial, but in the interests of saving both sides cost and expense you would be willing to agree a settlement of £x.

Just to add to this you are free to negotiate right till you walk in to the court room. The court will likely arrange arbitration for you through a dispute resolution service. This is included in the court fees. 

bobbysox1v

waamo said:

steampowered said:

You would only be ordered to pay the defendant's legal costs if you lose the case (or if you wasted everybody's time by failing to comply with court directions).

If you win the case, they will be paying your costs.

Where does the £58k figure come from? If the Defendant is going to be potentially paying their lawyer £58k of legal fees, they will be better off just settling the case and paying you what you have asked for.

Have you considered making a settlement offer - for example, offering to accept a reduced amount in full and final settlement of your claim (e.g. £8,000) to settle the case? If not, it is worth making a formal settlement offer in writing, stating that you believe you have a strong case and are fully prepared to see the claim through until trial, but in the interests of saving both sides cost and expense you would be willing to agree a settlement of £x.

Just to add to this you are free to negotiate right till you walk in to the court room. The court will likely arrange arbitration for you through a dispute resolution service. This is included in the court fees. 

The other side have refused to use the dispute resolution service.  I know its the solicitors job but she has been awful, insulting and rude.  She did not return the correct Direction Questionnaire and when I pointed this out, she said she was entitled to send a different form because she fully expects the case to go to Fast track.