Small Claims hearing help needed please

[Stillo]

Good Afternoon

I have just received a letter for me to attend a small claims hearing as the claimant, can i not attend this hearing,i suffer with a mobility problem a visual problem and i also suffer with a mental health problem and i beleive i would find it difficult to present myself to the Judge without making myself look a fool, i beleive i have enough evidence to prove that the other party is being economical with the truth and i also have evidence that quite clearly shows that they are lying about two of the points of their defence.

If i don't have to attend court how do i offer my evidence to the Judge do i just set it all out in a letter point by point and supply the documentation to back it up, its not that i cannot attend court it's just that my limited vision would not allow me to read from any prepared notes unless the font was extremely large and due to my mental health problem i struggle when i am in stressful situations, i would really appreciate some help

Regards
Stillo

[gaz2006]

Re: Small Claims hearing help needed please

You can send a letter with all evidence stating your problems but it would be much better to go and face your defendent maybe a friend can go with you to help they would allow that

[Stillo]

Re: Small Claims hearing help needed please

Thanks Gaz2006

My problem mainly is my Visual disability i have limited vision and reading from notes would be almost impossible, and answering questions off the hoof well forget that one i would fall to pieces

Stillo

[PlanB]

Re: Small Claims hearing help needed please

I have just received a letter for me to attend a small claims hearing as the claimant, can i not attend this hearing,i suffer with a mobility problem a visual problem and i also suffer with a mental health problem and i beleive i would find it difficult to present myself to the Judge without making myself look a fool . . . .

. . . and due to my mental health problem i struggle when i am in stressful situations, i would really appreciate some help

Stillo. Please don't worry because this can be sorted.

Do you have a mental health advocate? If not here's how to get one:

http://www.mind.org.uk/mental_health..._mental_health

Is it ok to ask you what your court case is about to see if we can suggest an alternative option to litigation? Also the court system does offer mediation which is a far less stressful option

[Tricky]

Re: Small Claims hearing help needed please

I agree that mediation may well be a better option in this scenario, but it's unclear as the details on the nature of the issue aren't included.

If mediation isn't appropriate for the claim you are making, then the small claim is your only remedy. The County Court judges will allow a considerable lattitude for the visual disability, but it is important to make these issues known as early as possible so that the listings officers can allow extra time, and perhaps any other visual aids you may need to give evidence at the hearing.

You should attend, even if you're going to struggle through and be very nervous. You'll find that the nerves will quickly dissipate as a decent CC Judge is just another person like you or me. They're not there to intimidate or interrogate you, but they may have questions about your claim or evidence that only you can provide. It could easily be that without this personal evidence, that your claim cannot succeed depending on what you have, or will submit to the Court. This is especially important if you are a litigant in person and you have not benefited from any legal advice on the preparation of the claim or other submissions.

Good luck!

PS - you would also be able to take someone with you, either a friend or relative that can act as your lay representative or mackenzie friend at the hearing.

[Stillo]

Re: Small Claims hearing help needed please

Thank you all

I Don't think mediation is possible, how can you mediate with someone who is prepared to lie to the courts,something by the way i can prove

Stillo

[MissFM]

Re: Small Claims hearing help needed please

Thank you all

I Don't think mediation is possible, how can you mediate with someone who is prepared to lie to the courts,something by the way i can prove

Stillo

You have my heartfelt sympathy Stillo - I agree it's not possible to mediate with someone who has no scruples, who will lie and who may well say one thing and do another. This is why an advocate or very articulate and fluent friend as suggested above would be your best bet (obviously a barrister would be ideal but they don't come cheap).

I don't know what the courts allow, but if you could also have someone with you purely to support you - would that make it possible for you to go?

[Stillo]

Re: Small Claims hearing help needed please

Good Evening all

Thank you all for the advice i have made my mind up i am going to go, i really need to show how much this company has lied in their defense, what narks me most of all is that they have quite blatantly said that in their opinion i do not have seem to have a visual disability and that i looked OK kind of made me very mad

Cheers
Stillo