Wandsworth County Court what do I need to know?
Discussion
I’ve a money claim against me commercially accusing my consulting business of limited disclosure in 2024 and the claim is £1200 - massive waste of time as the claimant has admitted he knew full facts in numerous emails.
I thought it’d be thrown out as it’s blatantly bulls
t but no it’s going ahead at 10am Tuesday.
I’ve never been before and I’m after anything I need to know that Claude won’t know.
I’ve done the court pack with a solicitor who is equally astonished it’s going ahead.
We’re driving down on Monday it’s huge waste of time but I couldn’t capitulate such a ridiculous claim.
I thought it’d be thrown out as it’s blatantly bulls
t but no it’s going ahead at 10am Tuesday. I’ve never been before and I’m after anything I need to know that Claude won’t know.
I’ve done the court pack with a solicitor who is equally astonished it’s going ahead.
We’re driving down on Monday it’s huge waste of time but I couldn’t capitulate such a ridiculous claim.
I'm surprised you're using a solicitor. Not only is his bill likely to be more than £1200 (and small claims don't award costs) but small claims is designed to be for ordinary people, not legal professionals. You could have won this on your own.
Is he going to do the talking or are you?
Is he going to do the talking or are you?
Simpo Two said:
I'm surprised you're using a solicitor. Not only is his bill likely to be more than £1200 (and small claims don't award costs) but small claims is designed to be for ordinary people, not legal professionals. You could have won this on your own.
Is he going to do the talking or are you?
Solicitor not coming but prepared the pack through my commercial legal cover insurance. It’s somehow got to 675 pages which is just mad. Is he going to do the talking or are you?
You said 'the claimant has admitted he knew full facts in numerous emails' so the cynical side of me says Mr Solicitor is topping up his bank account courtesy of your insurance!
I hope it hasn't muddied the water because you'll need to be on point on the day.
Apart from the fact your position is now 675 pages long - good luck recalling all that on the spot under pressure - the process is very simple. First, the easy option - if the claimant doesn't turn up, you win. If he does, then it's you, him and the judge. Essentially you both present all your evidence, and the judge decides who's right. The hard bit is keeping composure and the relevant facts at your fingertips for quoting. The claimant may say things you know are complete lies, but don't get mad, counter with facts. Only evidence counts. Be ready for the unexpected. I would certainly have those key e-mails (which would appear to prove your case) at the top. If you're right, you'll win. The key is stay calm and appear reasonable at all times. It might be all over very quickly because judges are pretty good at sorting out facts from rubbish. Good luck!
I hope it hasn't muddied the water because you'll need to be on point on the day.
Apart from the fact your position is now 675 pages long - good luck recalling all that on the spot under pressure - the process is very simple. First, the easy option - if the claimant doesn't turn up, you win. If he does, then it's you, him and the judge. Essentially you both present all your evidence, and the judge decides who's right. The hard bit is keeping composure and the relevant facts at your fingertips for quoting. The claimant may say things you know are complete lies, but don't get mad, counter with facts. Only evidence counts. Be ready for the unexpected. I would certainly have those key e-mails (which would appear to prove your case) at the top. If you're right, you'll win. The key is stay calm and appear reasonable at all times. It might be all over very quickly because judges are pretty good at sorting out facts from rubbish. Good luck!
Yes thank for that, ChatGPT has done a great summary court pack with the reasons his claim is bullst. It’s been amazing going through all my emails pulling out the contradictions.
I’m not looking forward to it but needs must, if we win we’re going to ask for costs which I know can be awarded in exceptional circumstances.
t. It’s been amazing going through all my emails pulling out the contradictions. I’m not looking forward to it but needs must, if we win we’re going to ask for costs which I know can be awarded in exceptional circumstances.
Someone took me/my business to small claims. I had emails proving he clearly broke my T&C;s and he was well out of warranty. I still lost. I was well prepared, but the claimant blatantly lied at the last moment, and I had no counter to it other than calling him a liar, which I didn't.
Just be prepared for the court to side with the individual, not the business.
Just be prepared for the court to side with the individual, not the business.
Griffith4ever said:
Someone took me/my business to small claims. I had emails proving he clearly broke my T&C;s and he was well out of warranty. I still lost. I was well prepared, but the claimant blatantly lied at the last moment, and I had no counter to it other than calling him a liar, which I didn't.
Just be prepared for the court to side with the individual, not the business.
It’s B2B we’re both businesses Just be prepared for the court to side with the individual, not the business.
KungFuPanda said:
You ll probably have already pissed the Judge off by having filed a 675 page document for a claim that s worth a tad over a grand in the small claims track.
You won t get costs.
We didn’t do that, we have 14 pages inc context etc. he’s filed late and as advised we have a summary document that puts it all on one page. How the trial docs got to 600 odd pages is beyond me. You won t get costs.
Also we went to arbitration where because he never finished the project I offered him a couple of hours of unused consulting time which he refused I’m hoping that will go in my favour. I tried to avoid going to court.
DSLiverpool said:
One question I m interested to know the answer to is can I say at the outset that Mr Chaudhary s claims and statement are untrue and I have proof of that within my documents? Can I say they lie or do I throttle it back to actually tell the judge he s lying at the start.
I there are lies, then say that the statements are factually incorrect with the correct statements and evidence of the correctness. If he is telling lies and you have no counter proof then you have much more of a problem. I guess then you ask for him to substantiate the statements. Or point out that there is no substantiation of the claims.When you and they speak it has to be done in the form of a question, ie why are you saying now the opposite of your e-mail of date.
They can only do the same.
Have pre prepared answers that can be adapted to any question. Have pre prepared questions to make them say you are not liable.
They will try to add irrelevant things, don't let them take you down rabbit holes, don't be afraid to say you don't see the relevance. They will try and paint you in a poor light by things like why did you park in a reserved spot.
They can only do the same.
Have pre prepared answers that can be adapted to any question. Have pre prepared questions to make them say you are not liable.
They will try to add irrelevant things, don't let them take you down rabbit holes, don't be afraid to say you don't see the relevance. They will try and paint you in a poor light by things like why did you park in a reserved spot.
DSLiverpool said:
One question I m interested to know the answer to is can I say at the outset that Mr Chaudhary s claims and statement are untrue and I have proof of that within my documents? Can I say they lie or do I throttle it back to actually tell the judge he s lying at the start.
Not the best approach. You need to take the judge on the journey. You need a plan and have questions that lead the otherParty into admitting or try and explain their lies or why the point are incorrect. Dont summarise till the end and everything you have in your summary must have been discussed in the cross questioning. You need to come across reasonable and fair.
Just some basics tips then Dave:
Get there on time. The security staff will let you know which Court you’ve been allocated. When you get there, check in with one of the Court ushers.
Even though you’ve been listed a 10am slot, your case will be blocked listed with other cases. You may get on at 10am, you may not. Be prepared to wait around.
Normally heard by a District Judge. Address them as sir or ma’am accordingly. Maybe in court, maybe just around the table in their chambers.
I’d try and avoid calling the Claimant a liar. Maybe say they’re mistaken, they have poor recollection of the chain of events, suggest you have more factually correct evidence to support your own version of events. Keep it concise and don’t lose your temper or become argumentative.
Good luck pal.
Get there on time. The security staff will let you know which Court you’ve been allocated. When you get there, check in with one of the Court ushers.
Even though you’ve been listed a 10am slot, your case will be blocked listed with other cases. You may get on at 10am, you may not. Be prepared to wait around.
Normally heard by a District Judge. Address them as sir or ma’am accordingly. Maybe in court, maybe just around the table in their chambers.
I’d try and avoid calling the Claimant a liar. Maybe say they’re mistaken, they have poor recollection of the chain of events, suggest you have more factually correct evidence to support your own version of events. Keep it concise and don’t lose your temper or become argumentative.
Good luck pal.
Ok good points.
In 2024 he asked for consultancy on a fairly complex Shopify replatform that involved b2b and B2C but had limited budget.
I researched the apps and created a work flow then a tender doc and advised 3 agencies I have worked with in the past but clearly said he can take the doc to any agency or freelancer and I will evaluate them.
Quotes came in at £35k £15k and £11k for different size of agencies he chose the smaller one a company I own 46% of and we have in writing he knows this. He then cut the scope down further saying he d finish it off himself (data import) to lower the price.
My fee for 20 hours end to end was £1800
He asked if I could do less and I agreed to do the spec and the launch not the middle for 10 hours £1000.
As such I wasn t technically involved in the creation of the website but as it s my agency I was technically involved and aware through the agency job list.
We completed the site minus the data import and he vanished until 2 years later asking for a refund from myself and the agency. (Separate court case)!
In 2024 he asked for consultancy on a fairly complex Shopify replatform that involved b2b and B2C but had limited budget.
I researched the apps and created a work flow then a tender doc and advised 3 agencies I have worked with in the past but clearly said he can take the doc to any agency or freelancer and I will evaluate them.
Quotes came in at £35k £15k and £11k for different size of agencies he chose the smaller one a company I own 46% of and we have in writing he knows this. He then cut the scope down further saying he d finish it off himself (data import) to lower the price.
My fee for 20 hours end to end was £1800
He asked if I could do less and I agreed to do the spec and the launch not the middle for 10 hours £1000.
As such I wasn t technically involved in the creation of the website but as it s my agency I was technically involved and aware through the agency job list.
We completed the site minus the data import and he vanished until 2 years later asking for a refund from myself and the agency. (Separate court case)!
Edited by DSLiverpool on Sunday 8th November 10:53
KungFuPanda said:
So he paid the money and then at a later stage asked for a refund and that s what he s sueing you for??
2.5 years later he’s said the consultancy wasn’t good enough and I didn’t disclose I part owned one of the three agencies i recommended (I did and he’s acknowledged that fact).I produced in 6 hours a technical document that worked for the business and used a lot of my specialist Shopify knowledge.
I know what happened. He’s gone to Asia to get a website done and they’ve just said oh we’ll just do it like this. We don’t need any documents or anything. The site he has now looks okay but is built using premade blocks of Code and text and it’s just a mess technically. I have a report from shopify saying his current website is not to shopify recommended standards but I’m going to keep that in my pocket..
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