Attention to people who have been to small claims court - advice needed.

[cvt]

Dear Forum,

I am trying to find out some stories of people that have actually been to small claims court and some advice on the actual process. I am a customer being taken to small courts by a company who quoted me one cost for a job and then at the end of the job sent me a bill increased by 100% (an increase of over £1000) this argument has gone all the way to the court and directions questionnaires and I would be grateful to hear from people who have been taken to court by a company. I don't know how a judge will view it if a company ran up a huge bill without notifying the customer they also failed to provide me with any terms so I feel I have been totally misled and yet they will not settle without the full amount being paid to them. I have received many unreasonable responses also from the company with personal references slating me ie 'bullying tactics' - they do not know me and this is all because I dared to question the price & tried to offer a reasonable amount.

I would appreciate any advice, on what it is like in the court what happens when a case is 'he says she says' if anyone has had a mediation on the phone and how that works??? will the claimant hear my conversations?? will the company win all the money back if they can talk the talk & impress??? and also generally has anyone ever had a case be thrown out or do all cases get to court??

Many thanks
C

[EXC]

Re: Attention to people who have been to small claims court - advice needed.

What stage are you at, have you filed your defence yet?

The court hearing itself is probably more informal and less intimidating than most people imagine. The most important thing to get right is your written defence and witness statement.

Telephone mediation is usually a series of one-to-one calls between the individual parties where the mediator acts as a go-between. The claimant won't be able to listen in on your conversations with the mediator and visa versa.

[charitynjw]

Re: Attention to people who have been to small claims court - advice needed.

Are there any written records? (estimation of cost of proposed work)
Any written variations?
What justification do they give for the increase?
Have you got proof of the intimidation (letters, emails, voice recordings, etc)

Evidence is King.
http://findlaw.co.uk/law/dispute_res...-evidence.html

[cvt]

Re: Attention to people who have been to small claims court - advice needed.

thank you for replies - it has gone all the way to directions questionnaires as I say defence already done with the help of a solicitor. I have many emails with personal character attacks on them, but I have been told as much as they are hurtful a judge wont be interested in the personal side. I had no updated costs sent to me at all - whatsoever - the argument is they did the work and I knew it took longer than it should.
I really need some stories on people that have been to the court and how it works in cases when it is he says she says
thank you

[Amethyst]

Re: Attention to people who have been to small claims court - advice needed.

After directions questionnaires it will go to mediation, and then (if that fails) you will be required to file witness statements and evidence. Those emails can, and should, be included. The judge will be primarily interested in the contract/agreement and which party has breached it ( you by not paying or them by charging more than quoted/taking longer etc ) but he will look at the email chain which will of course show that you are reasonable and polite and they are scumbuckets.... when deciding who is telling the truth.

Did you not have any agreement in writing with them?

[R0b]

Re: Attention to people who have been to small claims court - advice needed.

What exactly is it you want to know? Maybe you should take a read of this to help you as a starting point -> https://www.judiciary.gov.uk/wp-cont..._in_Person.pdf

Chapters 15 and 16 will be a relevant read.

[cvt]

Re: Attention to people who have been to small claims court - advice needed.

so will that all happen before the hearing a judge will look at the evidence and decide what to do based on the evidence provided as I thought it would just go to the hearing after questionnaires? i have the original email quote and then we had contact by phone now realise as it was all done by phone that the party in question wanted to do this to stop anything in writing - they say i knew because of the calls and i say i should have had an updated cost even when it reached a certain point but they just ran up a huge bill and now expect me to pay for this.
i wanted to hear from people who have been to court with a similar circumstance and how it is worked out if they can talk the talk and i am the poor customer that was misled - isn't it for the business to try and settle and yet they are taking me to court????

[R0b]

Re: Attention to people who have been to small claims court - advice needed.

I dont think there is any point in needing to know from people who have gone to court specifically as the facts of the case may be different. The crucial point to note is that the decision is based on balance of probabilities of who the judge believes will be telling the truth and that balance must be 51% or more.

Although having a strong argument is important, I would also say your conduct and presentation to the judge is also relevant in persuading a judge to go in your favour. Don't go interupting all the time when it is not your turn to speak and make sure you present it clearly.

You haven't really given much information other than an email quote and the rest by telephone calls. Your main argument here is the fact that they have supplied a quote you agreed to that quote and now they are trying to charge more without telling you that it would cost more. You as a customer, expected to pay the price in the quote and if the cost was over the quote then you would have also expected the business to tell you that it will cost more and agree whether you want them to continue. They cannot expect you to know that it would cost more.

There is no legal obligation for a business to settle a claim if it believes it is in the right and you are refusing to pay them the required amount (regardless of who's at fault).

As a lesson to learn for the future, any services or work to be done would be better in writing than on the phone or if it must be done by phone put it in writing to the other side as soon as possible confirming what was discussed - it is easier to argue what's been said on paper rather than verbally.

I would stop worrying about what other people's cases have happened in court and concentrate on yours - have a look at the link I provided before it will help you when you go to court.

[ostell]

Re: Attention to people who have been to small claims court - advice needed.

And it would appear that judges tend to look favourably on consumers when a business is involved.

It's not frightening at all, just know your facts. It's not a court room that you would recognise, it's more like a large office with the judge sitting higher than everybody else. Ask the court usher how to address the judge ie sir, you honour etc.

[nemesis45]

Re: Attention to people who have been to small claims court - advice needed.

And it would appear that judges tend to look favourably on consumers when a business is involved.

It's not frightening at all, just know your facts. It's not a court room that you would recognise, it's more like a large office with the judge sitting higher than everybody else. Ask the court usher how to address the judge ie sir, you honour etc.

Address Deputy and District Judges as sir/ ma'am, circuit judge as Your Honour.

Keep calm, don't interrupt the judge or oppositions representative, you will
be given the chance to put your side of the story.

I find that things go more smoothly for litigants in person if they make a " skeleton"
argument with bullet points for your major contentions and submissions.

Having this " prompt " in front of you will boost confidence.

Don't be afraid to make notes as the opposition speaks so you can accurately
challenge their submissions.

If you are unsure of any points Ask the judge.

nem

nem

[cvt]

Re: Attention to people who have been to small claims court - advice needed.

thank you but what about people to go with me as the business is a stronger force than me, they may bring people to intimidate me further but even though i have had a solicitor help me i don't know what it will look like if i ask them to the hearing i have know one else other than family to go with me which are too emotional about this subject.
will there be a hearing do all cases go to court??

[charitynjw]

Re: Attention to people who have been to small claims court - advice needed.

thank you but what about people to go with me as the business is a stronger force than me, they may bring people to intimidate me further but even though i have had a solicitor help me i don't know what it will look like if i ask them to the hearing i have know one else other than family to go with me which are too emotional about this subject.
will there be a hearing do all cases go to court??

Will your solicitor go with you?

[charitynjw]

Re: Attention to people who have been to small claims court - advice needed.

Lol, I must say, reading back on the thread, it's almost unbelievable what goes on out there.

:tinysmile_twink_t2:

[nemesis45]

Re: Attention to people who have been to small claims court - advice needed.

cvt,

The claimant cannot " bring people to intimidate you" at the court
and if any thing like this happened it must be reported to the judge
immediately so you inform the court usher of what is happening, even
if this happens outside the court precinct.

nem

[cvt]

Re: Attention people who have actually been to small claims court - advice needed.

I have read on various topics that it will look bad if I take a lawyer because small claims are suppose to be for people who cant afford them etc and the company who despite say they have a lawyer has not been in touch with me. I really would like to know if this is the case not to mention I cant really afford it.
Also as crazy as this claim must sound I am afraid the claimant will not admit any wrong doing and is insisting I knew without any paper evidence.
Do people usually rep themselves?
Will it go all the way to court or will someone possibly through this out before??
Thank you