Small claims hearings please help

[cvt]

Re: Small claims hearings please help

Any thoughts?

[cvt]

Re: Small claims hearings please help

Any thoughts?

[EXC]

Re: Small claims hearings please help

Cases are always allocated to the defendent's local court unless there are exceptional reasons for them not to be, which doesn't seem to be here. At that point the claimant has to pay the hearing fee.

Fees here https://www.gov.uk/make-court-claim-...ney/court-fees

Will the claimant have to pay another fee and is do how much is the court fee for under £2000.?
they also have not filled in the witness box you gave to include yourself they haven't what does that mean?

I don't know what you're asking here.

[cvt]

Re: Small claims hearings please help

Thanks will it look unreasonable on them again by stating they have wasted enough time on me on there questionnaire? Also in the witness box they haven't put themselves they left in blank, they also have changed the name of claimant yo an individual of the company when the whole time all the forms have always said the company name???

[ostell]

Re: Small claims hearings please help

You can't just change the claimant without the permission of the court. This could be an attempt to move the hearing location. What exactly changed?

[cvt]

Re: Small claims hearings please help

Exactly that is what I worry about. They have used the company name on all correspondence all the time and on the directions questionnaire form they suddenly put their name as an individual instead of the company?? More unreasonable behaviour??? They stated they had wasted enough time on me on the court location box which I find shocking and then didn't fill in themselves as a witness the whole thing is not fair as well as ticking a no mediation!!!!

[Vitamin33]

Re: Small claims hearings please help

I agree; for the claimant's name to be changed from a company to an individual without you having been informed beforehand that the court have granted permission seems most odd. If claimant has done that off their own back without seeking the permission of the court I cannot see the court being pleased with such behaviour. It also crosses my mind that perhaps they are concerned that if the ruling is not in their favour it is better for them from a reputation standpoint if an individual bears the brunt rather than the company. I personally wouldn't worry about them saying they've wasted enough time on you as I think that helps you, in that it shows arrogance and disrespect. And with regards to mediation were you genuinely willing to mediate? I main can you demonstrate that you genuinely wanted the matter resolved rather than it head to court? Even if you didn't it doesn't mean that will necessarily go against you, would just be good if in your heart of hearts you really did want to settle it, as the judge will hopefully be able to see that or sense it, if you know what I mean.

[Vitamin33]

Re: Small claims hearings please help

And I think it's good that they have ticked no to mediation as that I think cold also help you.

[Vitamin33]

Re: Small claims hearings please help

With my small claims I was the claimant and yet the court allocated the hearing local to where I live much to the distress of the defendant who have to travel 80 miles for the hearing. I'm not sure what made the court favour my preferred location but I have a feeling it was because I said I had already taken my car 80 miles to the dealer once before.

[Vitamin33]

Re: Small claims hearings please help

One last thing, I cannot see how the company would be allowed to change the name of claimant if all dealings have been with the company, or at least there would have to be an extremely good reason for the court allowing that. All in all it sounds like they may just be playing right into your hands

[Vitamin33]

Re: Small claims hearings please help

I have just replied to your message... didn't realise that you had sent me one as I'm still becoming familiar with the site as I only joined yesterday so apologies for late reply

[cvt]

Re: Small claims hearings please help

Thank you so much, I don't know if a call to the court would be beneficial to warn them about the name change??? Would you do that I'm dreading it if they get to have it in their town as its over 100 miles away?? I think as they are A rep of the company they are using this as instead of the name but this wasn't on any of the documents before. I was definitely willing to mediate but the company held me to ransom with a figure and so I didn't reply. They said that the mediation people said to offer it one more time and if not go straight for the hearing again more threatening behaviour I find this very hard to believe!!!!
Thank you again

[Vitamin33]

Re: Small claims hearings please help

I cannot see a mediator or a mediation service allowing an autocratic demand for money to be disguised as an offer to mediate. That aside did you counter their offer? Eg let's say the amount they claim that you owe is £1000 but they say they'll accept £900, and you say you do not agree you owe them any additional money however in order to avoid Court you'll offer £200.
Yes, I would telephone the court with the claim reference number and ask if they are aware that the claimants name has been changed and if so how come you have not been informed. It sounds like you're saying the claimant could be a franchisee of a bigger business? Is there anything on documentation invoices etc which mentions the new name for the claim that they are now using? Is it hidden in their Terms and conditions? best to check this before calling the court. If it is a franchise business then the main company may have a mediation service available, and you would be within your rights I think to contact the main company but I could be barking up the wrong tree here and maybe it isn't a franchise business?

[cvt]

Re: Small claims hearings please help

The individual is the company who started the claim, the name of this person was on the signature of the claim but not on the claimant boxes Where the address is this has always been the company name now on the directions questionnaire there is no name of this company anywhere the address is the same but now the name is of the individual not the company name?? Sorry is that clear does that make a difference as I feel it is a ploy to change the court location which hasn't been decided as yet.!!! Should I call the court???

I have already paid the company the amount they quoted and they then charged an additional £1000 they didn't tell me this would be the case they never sent me any t and c's nothing in writing - this is the whole argument they just say I knew as we spoke on the phone throughout the job, but I had no idea it was going to be a bill like that they then sent me abusive emails and tried to bully me which is still following through now. I offered a counter 2 months ago they didn't reply. They have now just offered more or less the same amount with no acknowledgement of the amount already paid!!! It really is like a nightmare so that is why I haven't responded to it as they said if it wasn't agreed within a few hours they would say no to mediation to not waste the mediators time.
What do you think??

[Vitamin33]

Re: Small claims hearings please help

When the claimaint originally filed the claim with the small claims court, did they use a company or personal name? Thereafter you would have been notified, sent back an Acknowledgement of Service, and would also have filed a defence, which I presume you have done? Once your defence is filed the case goes to an allocation hearing to decide which court it is to be heard in. From what you say I think you have received "Notice of Proposed Allocation to the Small Claims Track" Thereafter both sides then swap any evidence they will be relying on. You ought to also have received an EX730 form about mediation, and from my understanding you could elect to take that route to try and settle, BUT even if you take that route you are not obliged to settle, the case can continue. What is the form number where you say the claimaint has entered a different name? All these forms have a number on them somewhere, failing that what does the heading on the form say?