Small claims win or loose?

[cvt]

Hello, I'd like to know in small claims when there is a dispute between 2 individuals on an amount owed, is there always a winner or looser?

would there not be a middle ground payment determined where there is no winner or looser?

Therfore what hat would happen to court costs if know one wins and the claimant has paid these would these just be dissolved?

Not all cases can be clear cut can they? When some are a bit more complicated...what happens then?

Does there always have to be a winner or looser?

thanks

[Amethyst]

Re: Small claims win or loose?

Depends what you class as a winner or loser, you can mediate a mutually agreeable settlement and no one gets a CCJ or costs against them.... costs can be negotiated as part of the settlement .... things are hardly ever clear cut so it's really tough to say without knowing the case.

[cvt]

Re: Small claims win or loose?

it's a money claim they think they are owed over 1000 but I was only quoted 200 I've spent on legal advice, they have spent in small claims forms, I've tried to offer amouts up to 600 they won't accept anything less than 900 they won't mediate!! there was phone calls and texts during the job but I had no idea how many hours they were working. They will use this to say I did know when I didn't have crystal ball, no no terms were sent in writing or costs except the original esitmate they just have the communication, they have sent abusive emails since demanding and being rude to me.

Its just a mess, mostly he says she says and I'm just wondering in a situation when it's 50/ 50 how does that get split in costs?? When no clear winner!!

and CCJ oh no that's only if you don't pay isn't it when you get a Court order????

how does the settlement get worked out ?? In court???

[Amethyst]

Re: Small claims win or loose?

Was this a solicitors firm ? ( or who is the claimant, what kind of company etc ?)

[cvt]

Re: Small claims win or loose?

Ive spent on legal advice, they are ltd co doing it themselves
?.

[Amethyst]

Re: Small claims win or loose?

Okay what service did they undertake for you? Do you have the original quote of £200 in writing ? Why do they think they are owed £1000 ? what did your legal advice say ?

Sorry I know you are looking for a simple answer, but these things really never are. It sounds like you have tried negotiating with them and it's got nowhere, have you got a court date already ?

Yes at a hearing someone usually wins, ie gets awarded the money they have claimed and their costs, or loses and has to pay the other sides costs... but also the court could order what it deems a reasonable amount and refuse to award any costs.

CCJ is the judgment. It's not entered on the register if you pay within 28 days.

[Amethyst]

Re: Small claims win or loose?

Btw on a claim of £1000 in small claims it is very unlikely you would get back your costs of legal advice unless their claim is vexatious or an abuse of process.

[cvt]

Re: Small claims win or loose?

CCJ is ordered no matter what then? Even if I am ordered to pay a reasonable amount which is what I've tried to do? So if they decide on a mid way amount I'll still get a CCJ??? Oh god i didn't know that!
They think they are owed this because I knew the hours were spent and they have no real basis they just ran up a huge bill and took advantage of me i have quotes for the same job it was a personal job done for me from another location - is communication deemed a admission on hours spent ? I say no not by such an excess amount! Their refusal to mediate and personal abuse sent to me is not fair and now I wait for a hearing date.


I think the the judge will say I owe a bit more money but I do to know but does that mean CCJ?

- - - Updated - - -

Also I don't mind not getting legal costs back but I'll try to based on unreasonable behaviour. I have the original estimate in writing nothing else was sent to me

[EXC]

Re: Small claims win or loose?

So if they decide on a mid way amount I'll still get a CCJ??? Oh god i didn't know that!


I think the the judge will say I owe a bit more money but I do to know but does that mean CCJ?

If the court orders you to pay any amount, as long as you pay it within 28 days you don't get a CCJ registered against you and neither does it appear on your credit file.

[cvt]

Re: Small claims win or loose?

Is this 100% you definitely get 28 days before a CCJ is ordered?? I can't find any info on that??

- - - Updated - - -

Also is communication for a jjob via phone calls as admission of I knew time spent as this will be the claimants main argument when I did not know!

[EXC]

Re: Small claims win or loose?

Is this 100% you definitely get 28 days before a CCJ is ordered??

You get the CCJ but it is withrawn from the register if you pay in 28 days

I can't find any info on that??

http://lmgtfy.com/?q=is+a+ccj+regist...aid+in+28+days

[Amethyst]

Re: Small claims win or loose?

Also is communication for a jjob via phone calls as admission of I knew time spent as this will be the claimants main argument when I did not know!

Not unless they were recorded.

[Amethyst]

Re: Small claims win or loose?

Estimate differs from a quotation. Quotations are fixed, estimates are, well estimates, however a difference from £200 to £1000 is an excessive increase.

Do you have a court date ? ( Trying to find out exactly where you are in the process and what you can do to strengthen your defence reduce your risk etc)

[cvt]

Re: Small claims win or loose?

Ok thank you they have refused mediation, I accepted it. So now I am waiting for a hearing date and the next stage of witness statements etc.

If you try and settle with a claimant out of court doesn't an agreement and court order have to be signed and filed to the court anyway ???? - this will cost if my solicitor does this so I don't know how I can resolve this before a hearing just to get rid of the matter I can't talk the to the claimant as they are being very offensive to me which is why I asked a solicitor to try and deal with it for me which has also failed!
Shouldn't they pay for this ??

Like me I say this has got way out of hand and when it goes to court and if I am issued with more to pay even though I've paid the original estimate quoted to me I don't want the CCJ so ill pay it straight away but I'd rather just end it now.

It it was an estimate in an email no headed paper just a line saying £200.m

[cvt]

Re: Small claims win or loose?

Any thoughts...thanks