How much hassle is MCOL in reality?
Discussion
I’m considering taking a company to court because of poor performance on a building contract.
I’m not going to go into details, partially because it’s still under negotiation with them, and partially because they’re really not relevant to this question.
It’s not a huge amount of money, probably in the order of £2000, but not a small amount of money either.
Looking on the citizens advice website, it suggests that even doing a money claim online can result in a very stressful process. To me, it seems relatively simple, you lay out the facts as you see them in the letter before action, submit the claim online if necessary, go to mediation if requested, and if that doesn’t work out have a day in court. If we win, great, if we don’t, no big deal.
None of this seems particularly stressful or difficult to me. I’m not intimidated by the idea of going to a County Court. I’m treating it entirely as a business transaction and not getting overly emotional about what happened.
Am I missing something? It would be great to get feedback from someone who has actually been through the process.
I’m not going to go into details, partially because it’s still under negotiation with them, and partially because they’re really not relevant to this question.
It’s not a huge amount of money, probably in the order of £2000, but not a small amount of money either.
Looking on the citizens advice website, it suggests that even doing a money claim online can result in a very stressful process. To me, it seems relatively simple, you lay out the facts as you see them in the letter before action, submit the claim online if necessary, go to mediation if requested, and if that doesn’t work out have a day in court. If we win, great, if we don’t, no big deal.
None of this seems particularly stressful or difficult to me. I’m not intimidated by the idea of going to a County Court. I’m treating it entirely as a business transaction and not getting overly emotional about what happened.
Am I missing something? It would be great to get feedback from someone who has actually been through the process.
Useful stuff, thanks.
They are a fairly large business who I suspect are unlikely to want an unsatisfied CCJ against them if it came down to it.
They are also too large for phoenixing the business to make any sense over a claim of this scale, even assuming I'm successful.
I'm still hoping they see sense and negotiate an outcome, but they have been flatly denying any responsibility from the start.
I'll update with non-name-and-shame details once this has played out, one way or the other.
They are a fairly large business who I suspect are unlikely to want an unsatisfied CCJ against them if it came down to it.
They are also too large for phoenixing the business to make any sense over a claim of this scale, even assuming I'm successful.
I'm still hoping they see sense and negotiate an outcome, but they have been flatly denying any responsibility from the start.
I'll update with non-name-and-shame details once this has played out, one way or the other.
Mediation is happening next week, all done over the phone. A two hour time slot has been booked and I just talk direct to the mediator, no contact with the other party, it's not a conference call.
Will be interesting to see how it goes. Given their previous way of handling it I'll be surprised if they actually turn up and even more surprised if they make anything more than the most derisory offer.
If mediation fails, nothing said during mediation can be raised in court which I guess is a good system, then what someone was or wasn't prepared to do in mediation doesn't become a factor in court.
https://www.gov.uk/guidance/small-claims-mediation...
Apparently current lead time for a small claims court date is six to nine months........... No skin off my nose, I can wait and interest is accruing on the claim anyway.
We have just had to correct some more relatively minor issues/fallout from the original screwup. <sigh>
Will be interesting to see how it goes. Given their previous way of handling it I'll be surprised if they actually turn up and even more surprised if they make anything more than the most derisory offer.
If mediation fails, nothing said during mediation can be raised in court which I guess is a good system, then what someone was or wasn't prepared to do in mediation doesn't become a factor in court.
https://www.gov.uk/guidance/small-claims-mediation...
Apparently current lead time for a small claims court date is six to nine months........... No skin off my nose, I can wait and interest is accruing on the claim anyway.
We have just had to correct some more relatively minor issues/fallout from the original screwup. <sigh>
Edited by anonymous-user on Friday 26th November 17:28
Mediation was a waste of time on one front, but very useful on another.
They made a couple of completely derisory offers. The mediation went nowhere.
However, I do now have a much better idea of what their defence is going to be, and it’s all easily disproved by the evidence that I have.
I honestly can’t work out if they’re playing a stupid game and betting I won’t take it all the way, or if they genuinely think they’re in the right. It doesn’t really matter, it’s nothing personal, I just can’t understand how they are playing this. Maybe I’m legally completely wrong and it will come to nothing.
On to court……..
They made a couple of completely derisory offers. The mediation went nowhere.
However, I do now have a much better idea of what their defence is going to be, and it’s all easily disproved by the evidence that I have.
I honestly can’t work out if they’re playing a stupid game and betting I won’t take it all the way, or if they genuinely think they’re in the right. It doesn’t really matter, it’s nothing personal, I just can’t understand how they are playing this. Maybe I’m legally completely wrong and it will come to nothing.
On to court……..
Court date is imminent.
I have got their evidence package though and it is, in my opinion anyway, a joke.
Cherry picking isolated pieces of text from a contract when if you read the entire clause it doesn’t say what they claim it does. Referring to my conduct in mediation, when I understood that nothing from the mediation process could be used in court. Still not addressing the core point of my claim.
Ah well, it will be interesting if nothing else.
Definitely not assuming a positive outcome, what will be will be, if I’m wrong in the eyes of the court I’ll take it as a learning experience.
I have got their evidence package though and it is, in my opinion anyway, a joke.
Cherry picking isolated pieces of text from a contract when if you read the entire clause it doesn’t say what they claim it does. Referring to my conduct in mediation, when I understood that nothing from the mediation process could be used in court. Still not addressing the core point of my claim.
Ah well, it will be interesting if nothing else.
Definitely not assuming a positive outcome, what will be will be, if I’m wrong in the eyes of the court I’ll take it as a learning experience.
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