Civil Money Claim ???
Author
Discussion

sausage76

Original Poster:

364 posts

153 months

Monday 22nd October 2018
quotequote all
This is not mine and I won;t be giving away to much.

But a friend had a civil money claim raised against them on the.Gov website.

I have been helping with the response which we have now done.

He have rejected all parts of the claim and documented as such with comments about what evidence he has. As for an odd reason you can't upload supporting docs.

So now he waits.

Anyone know what could happen next?

We have said yes to a mediator, but this is only possible if the other party agrees. I assume if it does go to court it will be small claims and all sat round a table with someone showing evidence?



Burwood

18,718 posts

276 months

Monday 22nd October 2018
quotequote all
You post all documents to the court. Most likely mediation will be denied due to excess demand and little supply. After initial defence other party must pay more to secure a court date. Then you will be asked for a ‘pack of documents’ which is what you will rely on. Be as detailed as possible. All if this must be sent to the court and the other party.


agtlaw

7,404 posts

236 months

Monday 22nd October 2018
quotequote all
If the other party agrees then you will receive a mediation appointment.

The Bar Council has published this guide to representing yourself ar court:
https://www.barcouncil.org.uk/media/203109/srl_gui...

sausage76

Original Poster:

364 posts

153 months

Monday 22nd October 2018
quotequote all
Thanks for the info both.

We shall await the outcome. We do have loads of info, messages, pictures etc so can confirm and support our side of things.


Burwood

18,718 posts

276 months

Monday 22nd October 2018
quotequote all
agtlaw said:
If the other party agrees then you will receive a mediation appointment.

The Bar Council has published this guide to representing yourself ar court:
https://www.barcouncil.org.uk/media/203109/srl_gui...
I never have. Don’t know why. Both parties agreed. I assumed limited resources. But also assumed going to court with a ‘judge’ is more costly.

sausage76

Original Poster:

364 posts

153 months

Thursday 28th March 2019
quotequote all
So the case has been summoned to court.

So have been asked for all relevant paperwork and statements to be sent to the court and the claimant and he has to do the same.

My mate has now submitted all the paperwork and statements etc to the court and the claimant.

But the claimant hasn't sent his documents to my mate by the specified time which was yesterday at 4pm.

So what does this now mean? Case closed? Does my mate need to ring the court to discuss?

KungFuPanda

4,640 posts

200 months

Thursday 28th March 2019
quotequote all
If it’s a Small Claim, there will probably be no sanctions. Just proceed as normal and make sure your pal has served all their evidence on the other side and filed it with the Court.

The Judge might be unimpressed with the other side at the time of the hearing.

There’s a lot of leeway given when it’s a Small Claim, especially when it’s a litigant in person.

Jasandjules

72,602 posts

259 months

Thursday 28th March 2019
quotequote all
sausage76 said:
So the case has been summoned to court.
How many weeks until the hearing? You could possibly seek an unless order but that incurs a further application fee.

sausage76

Original Poster:

364 posts

153 months

Thursday 28th March 2019
quotequote all
Thanks for the reply's.

Its seven weeks until the case has been called. Just s"£t that the claimant hasn't been playing ball and doing what my mate has.

Jasandjules

72,602 posts

259 months

Thursday 28th March 2019
quotequote all
Seven weeks is time enough for him to comply, write and ask him to do so. Then add this to your evidence...

Burwood

18,718 posts

276 months

Thursday 28th March 2019
quotequote all
It’s very simple. You comply. Forget other party. I’ve attended many hearings. If they don’t turn up you’re almost across the line. You will still get your 15mins to explain your side and most likely you prevail. If they do turn up, judge will ask ‘did you get the docs’ to which you say no. They may have submitted to court or not. If they did the judge will get copies and adjourn for you to read them. If they didn’t submit they have no evidence.....