Small claims win or loose?

[charitynjw]

Re: Small claims win or loose?

If the claimant does not settle out of court, or withdraw the claim, it will probably end up in court (There are other possibilities ie Case Management have the power to dispose of the claim if they feel it is just to do so).

If it does go all the way, the fact that they haven't followed PAP, & refused mediation, does not bode well for them.

[Amethyst]

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

For an argument over £200-£1000 then engaging a solicitor to do pretty much anything is going to end up costing more than the claim is worth, so unless the principle is extremely important to you and you don't mind losing overall monetarily, I'd consider dealing with it yourself from here onwards.

To do that we will have to know a bit more info to be able to help you out at all.

You could, if you want to extricate yourself, write to the claimant offering to settle at their proposed £900 ( or meet in the middle at £750 ) with no order as to costs via a consent order.

However as I have no idea what the case is, other than there was a vague estimate of £200 and they billed you for £1000 on completion ? of whatever they were doing, it's really tricky to know if you have a defence to their claim. What are their particulars of claim ?