Small claims costs

[cvt]

Hello,
does anyone know the route of costs for taking a claim to small claims court, I am the defendant in this matter but I'm trying to work out how much the claimant may have had to pay in costs so far,

it it said on the claim form £70 court costs on the 1st form but since then there has been a directions questionnaire and now I am waiting for a hearing date - would they have only had to pay 70??

thanks

[EXC]

Re: Small claims costs

The £70 will be the cost for filing the claim and there'll also be a hearing fee for the claimant to pay before the hearing, not sure how much but probably a similar amount.

[cvt]

Re: Small claims costs

Thank you so no cost for the directions questionnaire ?

[cvt]

Re: Small claims costs

I am also trying to find out if there are any costs for a directions questionnaire?

To confirm at what point does the claimant and defendant swap their evidence. They have seen my defence as the defendant but that is all so far. I'm trying to establish if what they have said about the court sending me the directions questionnaire based on the evidence they say they have sent in response to my defence, which I think is rubbish as I've not had this .... Thank you

[ostell]

Re: Small claims costs

No additional charge for the directions questionnaire. Query with the court about the missing docs.

I assume that you have already filed your defence. Final swap of info is normally about 2 weeks before the hearing date.

[cvt]

Re: Small claims costs

The court say she should have sent me the evidence but say if they have received anything it would just go to the court as part of the case but to their knowledge they don't have anything. Therefor again the claimant is lying making out they have evidence and that is the reason the case is going to court when in fact sits just standard and automatic!!
Arghhhh

[ostell]

Re: Small claims costs

Has the claimant provided anything at all other than what is on the claim form? Have you requested the information to compile your defence from the claimant? I think it's a part 18 request (?). Others will correct. You have to provide an outline defence before 28 days but if you don't have details then it is difficult.

[cvt]

Re: Small claims costs

hi thanks, the particulars of claim has been sent to me, this is what I based my defence on that has been sent months ago, like I said it's now gone to directions questionnaires they have refused mediation, I wanted to. Now I wait for a final hearing date. My question is this week before the questionnaires were returned the claimant has emailed to say based on the evidence they have sent to the court in response to my defence they filed the directions questionnaires, ie they are making out they have sent in evidence when actually the directions q's were sent automatically, they are trying to state they have sent evidence which then made the court Send the directions forms.

They then held put their own name on the questionnaire not the company when it has been the company the whole way through, didn't tick the witness box and refused mediation.


I now now wait for a hearing date and can't believe it will just go to a hearing and no judge looks at claims before they set a date it seems crazy waste of time when the evidence is paperwork facts. It would have been so good if the court could have requested the evidence to make a decision before the hearing.

I am just dreading it all to come!!

[charitynjw]

Re: Small claims costs

Has the claimant provided anything at all other than what is on the claim form? Have you requested the information to compile your defence from the claimant? I think it's a part 18 request (?). Others will correct. You have to provide an outline defence before 28 days but if you don't have details then it is difficult.

Part 18 is pre-trial.

Part 31.14 for inspection, 31.15 for copies sent.

31.12 can be used for specific disclosure.

Once allocated to track, if Small Claims, CPR 27 is applicable.

[ostell]

Re: Small claims costs

To answer your original question there are the original claim fee of £70 and the hearing fee of £115. See this page

Why are you worrying about costs? Do you think you will lose? Why do you want a paper only hearing.

What exactly are you trying to achieve? Can you name the claimant? You can still make an offer to them before it gets to court if you are so inclined.

[cvt]

Re: Small claims costs

I just worry because the claimant is very strong at speaking and I am not!

I have are a strong case but they will fight and not back down and I worry I am not strong enough.

I I was asking about costs because if I make a counter offer to their high offer that is ridiculous then maybe if there are further costs pending they may consider to drop their offer But they have already said they won't!

I wonder in in a case when there isn't a winner or loser and a judge takes a balanced view who then pays court costs incurred?

I have a lot of evidence written down but the claimant has their voice which is very forceful and I worry I will crumble.

[ostell]

Re: Small claims costs

Unless you have been unreasonable (at it seems that you have not on the information given) then if you win there are no costs. If you lose then you pay the fees of £185 plus legal costs, usually limited to £50

If the claimant is a big company then usually the judges are sympathetic to the consumer and a litigant in person. You will be given time to state your case and reference any evidence you have that strengthens your case. The claimant states their case and then both parties get the chance to question the other party, kept under control by the judge. It helps if the evidence and the related exhibits are all clearly and logically laid out. The judge would normally not let them attempt to browbeat you. As long as you know your case everything should be fine. It's not a huge room with wigs and things, it's basically a large office, with the judge on a raised bit at the front.

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