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Small Claims Court - Questions/Need Help

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  • Small Claims Court - Questions/Need Help

    Hi, We have a claim against a client for non payment and they have counter claimed. We are set for a hearing later this month and we have largely compelted our gathering of evidence and our witness statement for the claim and ahe barebones of the counterclaim drafted. I had a few questions.

    1) I was intending on doing two seperate witness statements, one for my claim and then a seperate one for the counter claim. is this correct?

    2) the directions have 10 numbered tasks which include sending witness statments and information required to each other and the court. at the bottom of the directions after some gernal infromation there is the following which i am assuming is generic and as they have not stated to produce a trial bundel we do not need to produce one?

    Directions on Filing of Trial Bundles, if applicable
    PLEASE NOTE: The Court is NOT able to accept electronic bundles submitted via links that require an account
    to be set up or a password to access them. i.e. Egress.

    Failure to comply with these directions may result in the matter being removed from the list without further
    warning.

    • The parties should seek to agree an indexed, paginated electronic trial bundle and any indexed paginated
    electronic authorities' bundle; and
    • One party (which shall be the Claimant in default of agreement othe1wise) shall email the electronic bundle to
    the Court at .........@justice.gov.uk and the other parties no less than 3 days and no more
    than 7 days before the hearing date
    • A hard copy bundle would be required for any trial listed as an attended 'in person' hearing. All trial bundles
    are to be filed at the Court where the trial is to be held at least 3 clear days before the trial date. Any hard copy
    bundles not taken away after a hearing will be destroyed.

    3)im assuming as there is a claim and counter claim they are essentially differenet cases but under the one hearing so we will focus on the claim then after the judge makes a rulling or ends that part they will move to the counterclaim and i will become the defendent?

    4) If i am succesful with my claim is there anything i can do on the day to make the judge agree payment terms to be included in the order?

    Thanks for reading and sorry if this is someone else already!
    Tags: None

  • #2
    1) Yes that's fine
    2)No that\s fine you don\t need one
    3) Depends how the judge does it, some do them seperately some do at same time
    4) I'm not sure what you mean by agree payment terms, the judge will set the timeline for when any payment needs to be made

    Comment


    • #3

      4) I'm not sure what you mean by agree payment terms, the judge will set the timeline for when any payment needs to be made[/QUOTE]

      I have heard of people struggling to get payment after a judgement with defendents then saying £50 per week etc after we apply to enforce the judgement.

      Comment


      • #4
        Hi, it will be within 14 days by default, up to 28 if they ask and judge agrees, but it will always be full amount.

        If the amount if over £600 then on the first day after the deadline day is up (so if they say 14 days then on day 15) you go to DCBL (just search on google) and ask them to enforce the judgement.

        You give them the relevant addresses and they will do the rest.

        I hope this helps.

        Comment

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        SHORTCUTS


        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Directions Questionnaire



        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





        NOTE: If you receive a court claim note these dates in your calendar ...
        Acknowledge Claim - within 14 days from Service

        Defend Claim - within 28 days from Service (IF you acknowledged in time)

        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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