Advice on first time in small claims court please

[stormCat]

Hi,

I’d appreciate advice from those more experienced here please.

Supply-only kitchen cost just over £20k. On delivery, MANY damages: 50+ items replaced, another 20+ kept despite damage to avoid delays. We spent weeks inspecting, logging issues, and chasing replacements, which caused major fitting delays. Our fitter incurred extra costs working around missing parts and hiding defects, and I also paid for a skip to dispose of 50+ faulty items which they initially said they would collect, but then refused to. I have invoices for both.

Customer service failed to resolve anything. After later writing to the director and being ignored, I sent an LBA (no response until after the deadline) and then raised an MCOL. The company responded hours before the MCOL deadline, offering half our claim (not enough to cover our costs) and making false statements.

I could accept their offer for an easier life, but we’d still be out of pocket, and it frustrates me that a large company can supply so many faulty items, mishandle complaints, lie in their response, and still not cover our losses.

I understand mediation may be offered and am fine with that. But if it proceeds to court I've a couple of questions:

1. The company has requested their local court stating it is 'halfway' (40 mins for them, 2 hrs for me). But my understanding is that it should default to my local court?
2. If it goes to court, will a judge likely award more than their half-offer, given I have full evidence of damages, correspondence, and costs? I'm worried they’ll see the company’s half offer as “reasonable” and dismiss full compensation, leaving me worse off after extra stress and expense.

I know no one can predict the outcome, but any insights would be hugely appreciated - this is daunting as it’s my first time doing this. I don't want to embark on the next steps if there is little chance of a better outcome.

Many thanks.

[echat11]

Hi Stormcat

Welcome to LB

1. The company has requested their local court stating it is 'halfway' (40 mins for them, 2 hrs for me). But my understanding is that it should default to my local court?

Both parties will be sent a Directions Questionnaire, on the form you'll be able to state your preferred location, both parties send the form back to the Court and each other, the Judge / Court allocates the County Court location. If there's a problem with the location, you can make that known to the Court with reasons.

2. If it goes to court, will a judge likely award more than their half-offer, given I have full evidence of damages, correspondence, and costs? I'm worried they’ll see the company’s half offer as “reasonable” and dismiss full compensation, leaving me worse off after extra stress and expense.

Impossible to say, it will be dependant on the facts / evidence in the case. You clearly feel that your case has merits. I take it you've made your claim under the Consumer Rights Act 2015.

Here's some guidance -

https://www.judiciary.uk/wp-content/...+web+FINAL.pdf

[atticus]

Here is a thread with resources for litigants in person - https://legalbeagles.info/forums/for...ants-in-person

[MaryS57]

If the defendant is a company and the claimant an individual - the case is generally heard in the claimant's preferred court (as specified in their completed Directions questionnaire; DQ) - but this may not be hard & fast rule.

Significantly further down the line & if mediation fails, it is possible that a smc judge will decide that a [CPR 35-compliant] expert report is necessary to "assist the court" at trial

This is even more likely if both parties have requested an Expert Report within their DQ forms. Sometimes a short preliminary hearing is set to determine this aspect, including the times scales for the report to filed at court & who pays initially (this cost is often shared at1st instance, although up to £750 is potentially recoverable later should there be a win).

It's also useful to know that courts (including smcs) pay great attention to such expert reports (for further info see: Griffiths vs Tui LTD: https://www.supremecourt.uk/cases/uksc-2021-0208 and articles about this Supreme Court judgment. Our smc District Judge quoted this very case at our trial & fortunately I knew of it's significance having read it beforehand - but our Defendant company hadn't a clue and that showed!).

So if you do need a report later, it's a v. good idea to ask the Expert all relevant questions (ideally when instructing him/her) especially as to their "professional opinion[s]" of the "reasonable remedies" for the damage/faults (?).

Your questions to an Expert mustn't be biased (or rhetorical) but careful, precise wording of a question & the Expert's written answers to this can be extremely helpful to a trial judge. A good, clear, concise report has a big advantage of heading off any ambiguity and a potentially worse outcome than you may deserve in law.