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A couple of small claims questions

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  • A couple of small claims questions

    Hi all, and a happy new year to everyone.

    I have unfortunately had to take someone to small claims court for non payment of work done.

    The case is due to be heard later this week but I'd very much appreciate some help here.

    I sent my evidence to both the defendant and the court a few days within the time directed.

    On the very last day of the time limit I received a copy of their evidence/statement.

    Their evidence/statement consists largely of a response to most elements of my own evidence, and this, to put it mildly, contains a lot of exaggeration and fabrication.

    So, my questions:

    1. Will I be able to respond to this evidence at court, since they have been able to respond to mine in their own.

    2. There are two people's statements:

    The first is from someone who is a director but has little else to do with the company and I have never had any dealings with them. It is basically saying that the other witness is 'honourable' etc and that I have apparently 'caused them to be ill with worry' etc.

    The second is from the person that actually runs the business and whom I mainly dealt with (this is the person referred to as honourable etc).

    Both these statements start with the line: CJ Act 1967 S9, MC Act 1980 S102, MC Rules 1981 R70

    What on earth does this mean and what if any affect if any will this have at the hearing?

    I thank you in advance for your help here - I'm lying awake all night at the moment with worry.

    Beagull.
    Tags: None

  • #2
    Re: A couple of small claims questions

    tagging [MENTION=55034]nemesis45[/MENTION] xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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

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    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: A couple of small claims questions

      Hi Kati,

      I see your reply but it doesn't seem to have a message in it?

      Beagull

      Comment


      • #4
        Re: A couple of small claims questions

        Hi Beagull

        Kati was only alerting one of our more knowledgeable members to your post.

        In the meantime
        CJAct1967S9 refers to Section 9 of the Criminal Justice Act of 1967 (http://www.legislation.gov.uk/ukpga/1967/80/section/9) which is of no consequence as this is a civil not criminal matter!
        The nexrt two references are to Magistrates Court Act 1980 and Magistrate Court rules, which again are of no consequence as your case is being heard in the County Court.

        So one wonders about the rest of their defence!!

        Good luck and Happy New Year

        Comment


        • #5
          Re: A couple of small claims questions

          I agree with Des please let us see what else they have said, it seems that they are rather " confused " to say the least.

          nem

          Comment


          • #6
            Re: A couple of small claims questions

            Thank you DES8 and NEMESIS45.

            Are you able to advise on my other question - copied in below?

            Also, I'd like to share more info with you but I feel it would be foolish to spell it all out in public view before the hearing?

            Beagull

            I sent my evidence to both the defendant and the court a few days within the time directed.
            On the very last day of the time limit I received a copy of their evidence/statement.
            Their evidence/statement consists largely of a response to most elements of my own evidence, and this, to put it mildly, contains a lot of exaggeration and fabrication.
            So, my questions:
            1. Will I be able to respond to this evidence at court, since they have been able to respond to mine in their own.

            Comment


            • #7
              Re: A couple of small claims questions

              Originally posted by beagull View Post
              Thank you DES8 and NEMESIS45.

              Are you able to advise on my other question - copied in below?

              Also, I'd like to share more info with you but I feel it would be foolish to spell it all out in public view before the hearing?

              Beagull

              I sent my evidence to both the defendant and the court a few days within the time directed.
              On the very last day of the time limit I received a copy of their evidence/statement.
              Their evidence/statement consists largely of a response to most elements of my own evidence, and this, to put it mildly, contains a lot of exaggeration and fabrication.
              So, my questions:
              1. Will I be able to respond to this evidence at court, since they have been able to respond to mine in their own.
              Yes you will.

              If you want to post the matters in a PM I will answer on the open forum so as not to give anything away.

              nem

              Comment


              • #8
                Re: A couple of small claims questions

                As per Nem
                You might find this link handy if this is your first time in court https://www.judiciary.gov.uk/wp-cont...+web+FINAL.pdf

                Comment


                • #9
                  Re: A couple of small claims questions

                  Thank you DES8, I had a good read of that - useful stuff.

                  NEMESIS45 - that's a good idea, give me a short while to scan their statements and I'll PM you.

                  Beagull

                  Comment


                  • #10
                    Re: A couple of small claims questions

                    NEMESIS45 - I have PM'd you.

                    Beagull

                    Comment

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