Any small claims experts please?

Any small claims experts please?

Author
Discussion

Kellerman

Original Poster:

193 posts

38 months

Thursday 13th March
quotequote all
Hi all,

I'm taking someone to small claims court for monies owed

I received a letter from the court dated 4th March saying the defendant had 7 days to file a "Directions Questionaire" or their defence would automatically be struck out, so that means by the 11th March.

I logged into the court portal today and it showed the defendant had lodged the questionaire on the 13th (late, right?), yet the case is still being shown as "defended" rather than struck out, or any indication I'd won.

Anybody know the system a little better than me?

Thankyou

Mr.Chips

1,093 posts

227 months

Thursday 13th March
quotequote all
Would the deadline be 7 working days? In which case it would be within the allotted time.
IANAL so not entirely sure.

Jeremy-75qq8

1,326 posts

105 months

Thursday 13th March
quotequote all
I have had this. Directions not followed. Makes no odds. The case gets heard.

My comment at court was they missed the deadline so slam dunk. No. The evidence will be heard.

Seems wrong to me but I am not a judge !

LimmerickLad

3,738 posts

28 months

Thursday 13th March
quotequote all
Jeremy-75qq8 said:
I have had this. Directions not followed. Makes no odds. The case gets heard.

My comment at court was they missed the deadline so slam dunk. No. The evidence will be heard.

Seems wrong to me but I am not a judge !
Same happened to me...........defence was filed 2 weeks late ( after already requesting 14 days extra to respond) and after I had already requested default judgement yet still going to a hearing.

Kellerman

Original Poster:

193 posts

38 months

Friday 14th March
quotequote all
Thankyou chaps.

My case is pretty clear cut anyway I was just hoping to get an early / easy win

Simpo Two

88,558 posts

278 months

Friday 14th March
quotequote all
Same happened to me, so you're going to meet the judge I'm afraid.
The defendant may just have done it to be awkward, and not turn up so you'll still win by default.
If he does turn up have your case ready, stay calm when he tells outrageous lies he can't prove, and good luck smile

-Lummox-

1,522 posts

226 months

Friday 14th March
quotequote all
Have you established (or at least got a reasonably good idea) whether the person / entity has any money before suing them?

That's the more relevant question in any small claims matters. It's no good spending time and money obtaining a judgment against someone if they are a two-bit waster with no means of paying you back.

Simpo Two

88,558 posts

278 months

Friday 14th March
quotequote all
-Lummox- said:
Have you established (or at least got a reasonably good idea) whether the person / entity has any money before suing them?
Bit late for that. Onwards to death or glory!

Kellerman

Original Poster:

193 posts

38 months

Friday 14th March
quotequote all
He's a homeowner with a couple of cars. I'd love to pull the bailiff trigger on him smile

Durzel

12,659 posts

181 months

Saturday 15th March
quotequote all
In small claims the litigants are assumed to be useless, because more often than not they'll be representing themselves, likely for the first time. A lot of latitude is therefore given.

I had a case where the other side failed to follow basically all of the court orders, was late with all of them. I rang the court and asked whether it would make any difference if this stuff was late and was basically told no - within reason any late submissions would just get processed.

What will cause stuff to get struck out is if a claimant doesn't pay the court fee, the system is hot about deadlines when it comes to getting paid.

So, yeah, all you can really do in your eventual Witness Statement is highlight that the other party has not adhered to XYZ throughout the process, and let the judge infer whatever they want.

PeteTaylor99

93 posts

9 months

Monday 17th March
quotequote all
I am qualified to give this opinion.

If the defendant doesn't turn up, the hearing will still go ahead. You will not win by default. Under the Civil Procedure Rule (27). A hearing in absence will proceed using the evidence present at the time. If you have a valid claim, you will succeed.

If you do win and the defendant fails to pay, subject to the value of the claim, I would suggest you use a High Court Writ of Control which will allow a 'beefed up bailiff' to seize assets. The claim must be over £600

If the defendant doesn't pay, apply to 'transfer up' the judgement to the High Court using Form N293A (pay £71), £75+ compliance fee and you're set

Good luck

Pete

KTMsm

28,498 posts

276 months

Monday 17th March
quotequote all
Simpo Two said:
The defendant may just have done it to be awkward, and not turn up so you'll still win by default.
They didn't turn up in my case so I expected to win by default but the judge said their defense had merit and just set a new date

So I had to have a day off twice rolleyes

Simpo Two

88,558 posts

278 months

Monday 17th March
quotequote all
KTMsm said:
They didn't turn up in my case so I expected to win by default but the judge said their defense had merit and just set a new date

So I had to have a day off twice rolleyes
Fair enough. What happens if he doesn't turn up next time? @PeteTaylor99.

KTMsm

28,498 posts

276 months

Monday 17th March
quotequote all
Simpo Two said:
Fair enough. What happens if he doesn't turn up next time? @PeteTaylor99.
They did

And despite everyone agreeing that they owed me money and despite everyone saying that small claims is more based on common sense than strict law, they won on a legal technicallity

rolleyes


Simpo Two

88,558 posts

278 months

Monday 17th March
quotequote all
What, you had the second hearing already? I thought these things take months.

More importantly, what was the technicality?

PeteTaylor99

93 posts

9 months

Tuesday 18th March
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I don't know the particulars. To state the small claims process is 'common sense' and not law is incorrect. If you lost on a technicality, at a guess, one of the following took place:

Incorrect filing/docs
statute of limitations
lack of notice such as the payment demand or letter before action
jurisdiction of this court
defendants legal status (individual vs company)
insufficient evidence-could not prove the money paid(fact) was a debt
technical defence- debt already paid

Pete

GreatGranny

9,519 posts

239 months

Tuesday 18th March
quotequote all
Kellerman said:
He's a homeowner with a couple of cars. I'd love to pull the bailiff trigger on him smile
Mortgaged to the hilt and cars on finance?

He still may have no disposable cash but lets hope he does.