Small Claims Court

[Jazzer]

Hi,

I’m just after some advice from those in the know.

I have issued a small claim against a company, which has been rejected by them.

I have a very strong case, but the expert witnesses nominated by me are now unable to attend for incredibly unfortunate reasons.

So should I now go to court without their backing, would that count against me?

I fear I’d look foolish and be consigned to lose from the start.

Thanks in advance.

Jazzer

[Jazzer]

Thanks for all of your replies and suggestions.

One expert witness is out of action, recovering from a serious operation, and the other now thinks it decent to charge me £1895 (+VAT) to give his views, having previously agreed to attend for free.

st, eh?

My case is solid, based on fact and standards of practice, which were not observed, something which is incontrovertible.

Expert written reports concur.

My question remains the same as before: will I be wasting my time if experts, previously mentioned, do not attend the court hearing?

I think I will and should abort now, and move on.

Breadvan, am I stuffed?

[Jazzer]

I think I have a strong, robust claim.

However, I know how things go and, frankly, could not face turning up for a square go, only to be dismissed at the outset on a technicality’

The money matters little to me, it’s all about decency and integrity to me.

So I’m in a m mm

[Jazzer]

The claim was issued online in the usual way.

The expert witnesses were both keen to attend in my support, but one is now trying to extract money from me to do so, having previously agreed to speak, given the significant money and referral business I had previously put his way.

So I’m disappointed with this turn of events.

My feeling is that, if I proceed to court
without expert witnesses in attendance, that I would be on a loser from the get go.

That was the aspect I was asking for advice with.

Why the hostility?

[Jazzer]

Fair point.

I’m taking the company to court because they have acted wrongly, in a manner demonstrably inconsistent with the code of practice for their business, leaving us (and many others) with a mess to sort out.

The case against them is clear, but not calling on two experts listed initially in the claim could, I feel, go against me.

I will seek further advice from those more familiar with small-court proceedings.

Thank you for your thoughts.

[Jazzer]

KungFuPanda said:

That’ll be trainee solicitors and paralegals then. Best of luck.

What’s up with you?

I’m stating exactly what has happened and you talk of holes in my story and sarcastically wish me good luck when you, with your wealth of knowledge and experience, can’t answer my simple question.

The two witnesses were listed in the online application, the claim has been rejected by the defendant, and I merely wish to know if me withdrawing these expert witnesses before proceeding to court would cause me problems.

I have tried to ask the question of the court, but communication with them is through unqualified support staff, who suggest that I seek professional advice elsewhere, like Citizens’ Advice or a suitably qualified solicitor.

The solicitor who has worked for us before has suggested that, if the court and defendant are informed in advance of the hearing, then there would be no detriment to my case, but he’s not too familiar with small-court proceedings and has suggested I get further opinions.

[Jazzer]

Thanks Kestral, I really appreciate your reassuring comments.

I believe that I can argue my case well and intend to do so, but will seek advice from the court before proceeding.

I will update this thread when I’ve spoken with them directly.

[Jazzer]

Good news!!

The other party offered to settle as soon as I indicated that I was proceeding to court.

I declined the offer, but they have now settled for the full amount, including my costs.

I did not want to go into detail on here, for fear of revealing information that could potentially be used against me.

Thank you all for your help.

[Jazzer]

Nothing too dramatic, I just don’t think it’s wise, or even necessary, to divulge too much information on a public forum.

Kestrel changed my mindset, resulting in the win achieved.

I’m grateful for that.

[Jazzer]

You seem to have trouble with anything and everything I say, prattling on in your patronising, condescending manner, for reasons best known to yourself.

I updated this thread with good news of a satisfying win, thanking people for their help.

That is where I will end it.

[Jazzer]

I’m not sure how this thread has got to this point, but for the record.....

I made excellent use of Kestral’s advice, provoking the defendant into payment of my claim in full, without court proceedings.

The sum due to me was paid into my account at 1417 hours on Friday.

Kestral has a wee something coming his way.

The defendant paid up in the hope of avoiding further embarrassing coverage on national TV, although that may well happen anyway.

So it’s all good.

Breadbin, please do bear in mind, I have been wronged significantly here, so the outcome is just lovely, be happy for me!👍

Edited by Jazzer on Sunday 8th December 20:19