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* discontinued * Small claim court papers receive for a limited company

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  • Re: Small claim court papers receive for a limited company

    Don't underestimate what tales some will say in court

    Comment


    • Re: Small claim court papers receive for a limited company

      Yes but tales are tales surely the judge would only consider hard evidence?

      Comment


      • Re: Small claim court papers receive for a limited company

        I have now received the questionnaire for the small claims track. It looks straight forward to fill in.
        It does say everyone should make every effort to settle the case rather than a hearing through mediation.
        Should I go for mediation and use it to tell him again that it is the company that instructed him and not myself?

        Thank you

        Comment


        • Re: Small claim court papers receive for a limited company

          benken.

          You need to mediate & put forward your case & give the guy the option of backing down. Just present your evidence (cis) to mediation & see what he says next.

          Be the big man.

          Comment


          • Re: Small claim court papers receive for a limited company

            GBExile thanks for the reply. From what I can make out it is by telephone.

            Thanks again

            Comment


            • Re: Small claim court papers receive for a limited company

              Originally posted by benken28 View Post
              GBExile thanks for the reply. From what I can make out it is by telephone.

              Thanks again
              Yes benken. You talk your defence rather than write it. Its time to man up mate. Unless you really want to attend court which will cost you time & money? You are just giving him another opportunity to back down. If your defence is as you stated it will be the end of it.

              Just make sure your business partner says the same as you.
              Last edited by GBExile; 18th December 2017, 12:23:PM.

              Comment


              • Re: Small claim court papers receive for a limited company

                I'm more than happy to speak to them. Would they advise him on his chances of success ?

                Thanks again

                Comment


                • Re: Small claim court papers receive for a limited company

                  Originally posted by benken28 View Post
                  I'm more than happy to speak to them. Would they advise him on his chances of success ?

                  Thanks again
                  No Benken. They are independent. I have a mediation coming up on the 5th on Jan. BUT I am not going to spend Xmas worrying about it.

                  You have filed your defence. Then you do mediation. If that fails then you do witness statements & go to court.

                  Witness statements are great. You get to write whatever you want..

                  But the facts are you paid the man via cis & your business records leave a bit to be desired. However, its up to the man to produce the proof.

                  Chill out & happy xmas.

                  Comment


                  • Re: Small claim court papers receive for a limited company

                    Hi and Happy New Year!

                    I have spoken to the court today and myself and other defendant opted for mediation, the claimant didn't, is this strange considering we havent had any correspondencefrom him prior to the claim? I would have thought he would opt for it to try to sort it out?

                    Thanks

                    Comment


                    • Re: Small claim court papers receive for a limited company

                      Of course he is going to refuse mediation. He has read your reply & the reply of the other director.

                      Best of luck

                      Comment


                      • Re: Small claim court papers receive for a limited company

                        I have just checked the online dash board and all the questionnaires have been received and under that it says it has been transferred to my local court.
                        Does that mean he is taking it further or is that standard after the questionnaires have been received and mediation wasn't agreed?

                        Comment


                        • Re: Small claim court papers receive for a limited company

                          It's standard procedure, the papers are literally sent over to your local court now and the Judge there will issue directions - likely a hearing date with instruction to swap witness statements and evidence 14 days before. The other side will also have a hearing fee to pay, and a deadline to do so.
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • Re: Small claim court papers receive for a limited company

                            Thanks for your reply.

                            Would he have to pay the fee before the judge does anything at all?

                            Thanks again

                            Comment


                            • Re: Small claim court papers receive for a limited company

                              It would be after the Judge/court manage has looked at the papers and decided how long a hearing needs to be, if its suitable for mediation (sometimes they suggest it again even though one party has said no on the DQ) and if any other directions are needed before the hearing. So a Judge might have a look over the case, but not massively in depth and no opinion made/given at this point .... The date he'll have to pay the hearing fee by will be on the documents, and if he doesn't the case could be struck out. Really it's a case of waiting a couple of weeks now and seeing what comes back from your local court, nothing you need to do for now xxx
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment


                              • Re: Small claim court papers receive for a limited company

                                That's great thank youfor your reply.

                                I will sit tight and see what happens!

                                Thanks again

                                Comment

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