County Court Business Centre Claim Form - Here we go again!

heroicsatsuma1

I spoke with them today and they were saying I'd have to pay the full amount 250 plus 170 costs plus whatever else the court adds on for fees etc

KeithP

heroicsatsuma1 said:

I spoke with them today and they were saying I'd have to pay the full amount 250 plus 170 costs plus whatever else the court adds on for fees etc

Who did you speak to today?
If it was the claimant then they would say that, wouldn't they?
They want money.
They want to frighten you into paying them their inflated amount directly rather than arguing about it in court.

You will never pay more than the amount on the Claim Form.

Anyway... that's enough talk about losing.  

B789

Why on earth are you "speaking" with them? Do you have a recording of the conversation? No one here advises anyone to "speak" with these scammers. Communicate via email which is forensically traceable.

As someone else said here a few days ago, "a telephone conversation is not worth the paper on which it is writ".

Fruitcake

Do your WS tonight and submit it tomorrow during working hours. Remember to send it to the court, the claimant's solicitor, and yourself.

Whatever else happens, turn up to the hearing and challenge everything the claimant says in their claim and WS. Worst case you should get the fake add on costs thrown out so you will pay less than if you agree to pay the full whack now.

heroicsatsuma1

I don't know I just want to get rid of this cloud and got family coming over - I was just questioning the amount they're asking for on the phone - I get that they would want to get me to pay and if the max they can claim is on the claim form (better have a look for that) at least I know roughly what the max potential outlay is going to be - I was under the impression I could turn up and present photos and such on the day ah well it's all a learning curve - thankfully this doesn't happen too often (or at all like I said first time)

B789

But they have added an extra £60-£70 on the claim form for "contractual costs or damages" or whatever. In a small claim, they are not allowed to add that and should you lose, the judge should knock that off the total amount. You would be liable for the £100 charge, £50 solicitor fees and £35 court fees. Your claim is probably for at least £235 or more.

Coupon-mad

heroicsatsuma1 said:

I don't know I just want to get rid of this cloud and got family coming over - I was just questioning the amount they're asking for on the phone - I get that they would want to get me to pay and if the max they can claim is on the claim form (better have a look for that) at least I know roughly what the max potential outlay is going to be - I was under the impression I could turn up and present photos and such on the day ah well it's all a learning curve - thankfully this doesn't happen too often (or at all like I said first time)

But the maximum they can get is likely LESS than the claim.  

Stop phoning them.  They lied about adding extra costs; small claims doesn't allow that unless you act unreasonably such as:

- not filing & serving a WS bundle, and/or

- not turning up to the hearing.

You can do both!  Just copy & adapt the WS bundle by @aphex007 and get it emailed in the morning to the local court and solicitors.  Doesn't take long to adapt and add your own facts & photos.  Do it tonight.

You CANNOT ambush with photos on the day but as long as your hearing isn't tomorrow, you still have time to email a bundle.

heroicsatsuma1

Thanks @Coupon-mad I'll be at the hearing today see how it goes - I thought all I had to submit was a defence - I sent a witness statement, but probably not going to let me use any of that now as it's too late. My father always told me private parking tickets weren't enforceable.  Anyway like I said it's a learning curve haven't had anything like this in 15 years on the road.

tygrysek

heroicsatsuma1 I have been following your post. I was wondering how did you hearing go? 

Coupon-mad

tygrysek said:

heroicsatsuma1 I have been following your post. I was wondering how did you hearing go? 

This poster didn't file & serve a WS bundle in time, so whilst I really hope they got lucky, this case isn't one to follow. Never think defence is the only job.