Small claims hearings please help

[cvt]

Hi,
i would like to know from experience if all small claims go to final hearing.???
I have been notified the party claiming against me won't mediate because they say they are not prepared to settle. Will that go against them? When I was prepared to?

I also would like to know if judges actually look at claims before ISSUING a date for a heating or do ALL small claims just get a hearing date?

does anyone know the procedure please?
It is such a shame no evidence can be looked at and a view taken before a hearing and a view taken.....???

many thanks

[charitynjw]

Re: Small claims hearings please help

Hi,
i would like to know from experience if all small claims go to final hearing.???
I have been notified the party claiming against me won't mediate because they say they are not prepared to settle. Will that go against them? When I was prepared to?

I also would like to know if judges actually look at claims before ISSUING a date for a heating or do ALL small claims just get a hearing date?

does anyone know the procedure please?
It is such a shame no evidence can be looked at and a view taken before a hearing and a view taken.....???

many thanks

Hi cvt

Your info is a little vague.

It might be an advantage if we knew what the claim is for.

Even better if you could follow the instructions in green at the top of http://legalbeagles.info/forums/foru...-a-Court-Claim

[cvt]

Re: Small claims hearings please help

I just would like to know if all claims always go to small claims court and if the claimant says no to mediation will that go against them. The dispute is listed in a previous thread it's just regarding a service being provided one quote given to me then a bill for 10 times more being sent to me it's an argument about money so I would appreciate any answers anyone may have to these questions thank you

[cvt]

Re: Small claims hearings please help

Can anyone offer any answers? Thanks

[R0b]

Re: Small claims hearings please help

The courts would prefer the parties to at least attempt mediation, and if not provide good reasons for not doing so. If the mediation is unlikely to yield any result or one of the parties is refusing to negotiate then that could be a good reason not to accept mediation. Sometimes if the court has been told that mediation has not occurred they may adjourn the case and request that the parties attend mediation, but again you can still object there are good enough reasons to do so.

[cvt]

Re: Small claims hearings please help

The other party has refused based on the fact they were not going to come down from an offer they made a few months ago back then I made a counter offer and the response was the issue of a county claim, no notice of the claim or rejection of the offer. They know say that as they wont come down from this offer mediation is pointless but I say at least my views could have been shared denying me the chance is worse as they have actually stated they would decline mediation unless the offer was accepted within 4 hours. I feel that is not reasonable therefore surely even if they wouldn't come down on the offer the grounds are unreasonable?

Do do all claims get to a hearing?...

thank you

[EXC]

Re: Small claims hearings please help

Do do all claims get to a hearing?...

If the claim is defended, is not withdrawn and any mediation fails, yes.

I also would like to know if judges actually look at claims before ISSUING a date for a heating?

No.

[cvt]

Re: Small claims hearings please help

And would they behaviour of the other party be deemed as unreasonable as they gave a ultimatum as above? Therefore I can use that at the hearing

[R0b]

Re: Small claims hearings please help

If it was made in open correspondence you could inform the judge that to avoid the cost of court, you offered mediate however they refused and instead demanded the offer to be accepted within 4 hours. Due to their conduct and unreasonable behaviour, you ask the judge to take this into account when making any award of damages and costs.

[cvt]

Re: Small claims hearings please help

Thank you I just can't believe this behaviour from a business it's just shocking

[Vitamin33]

Re: Small claims hearings please help

I ended up going the whole way in the small claims court against a car dealer - I empathise with you as it is very stressful. Just make sure that you follow all the directions instructions and be very respectful of the court and complete your witness statement correctly. I got most of my money back but I wouldn't want to repeat the exercise. The courts do not like their time wasted unnecessarily so if your counter offer was reasonable then your opponent's refusal to accept could well be considered unreasonable. Four hours is barely any time at all but if your reality all that amounted to was a scare tactic and I didn't actually procedure take action 4 hours later I'm not sure that would work heavily against them even though the court might frown on it. Good luck.

- - - Updated - - -

Some slight errors at the end there because I dictated that reply using my mobile phone. ... if in reality all that that amounted to was a scare tactic and your opponent did not proceed to take action 4 hours later... is what I meant to say.

[cvt]

Re: Small claims hearings please help

I also am worried as I haven't responded to her offer which was a demand I will look like I wouldn't settle?? Even though I wanted to mediate

[cvt]

Re: Small claims hearings please help

Will it go against me that I didn't respond to her demand of an offer and will it look like I won't want to settle even though I wanted to mediate. Also which court will it go to as they have requested their court as they say I have wasted their time enough????? Again more unreasonable behaviour?????

[EXC]

Re: Small claims hearings please help

Will it go against me that I didn't respond to her demand of an offer and will it look like I won't want to settle even though I wanted to mediate. Also which court will it go to as they have requested their court as they say I have wasted their time enough????? Again more unreasonable behaviour?????

I don't think that not responding to a demand for an offer will go against you. Normally hearings are listed at the defendent's local court, that the claimant thinks you've wasted their time won't change that.

[cvt]

Re: Small claims hearings please help

Thank you can you believe how unreasonable this is ??? The bullying has been sent to me since the start I have a file of offensive emails , I know this isn't the crooks but still unreasonable
Are you definitely sure the court will be at my court the defendant???
does that always happen?
how long usually is the wait for a hearing the bulk centre gave been quick with paperwork so far?
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?
thank you in advance