Small claims NNExt step

[cvt]

Hello,

i just wanted to let you know the latest in developments on the small claims case if you recall its about the service provided to me an estimate given to me for £200 then an invoice being sent for over £1000.
last time we were in touch the claimant who is a business changed the name on the directions questionnaire to their name and then requested the hearing be at their home court miles away from me they also issued me with a harsh ultimatum via my solicitor stating that unless I paid 900 they would tick no to mediation this was sent to me with a request to respond in 4 hours.

Well they did tick no to mediation my solicitor said we were not being held to ransom as the claimant has behaved unreasonably. I contacted the court to advise them of this name change and they told me they would Make a note.

1 week later I receive a notice of transfer of proceedings to my local court thank god!

I Am now wondering what happens next as I presume I will get a hearing date and witness statement request this week but I wondered at what point does the claimant have to pay for the hearing fee? Will the court wait to receive the money before they send me the date or do we both get sent the next stage together??

I also wondered if the if the court may suggest mediation again as they ticked no and I ticked yes..? And I'd like to try and settle it

i also am so over this now I wanted to settle it but if I go via my solicitor it will cost approx £300 to get an agreement signed and then the file to the court to say it has been settled and I don't see why I should pay this on top of a high amount they have asked for as a offer ...so I don't know how I can settle it out of court if it costs to do all the paperwork and enforce it by the court as its not just about paying its about the fact they still have some of my property which I want destroying etc and a few other stipulations which I wanted the court to enforce....this could have all been done via mediation but I've been denied that so I don't know what to do to even settle it. At the hearing can stipulations like that be added enforced to the court ??

sorry to ask you all these questions but as you can probably guess I have know one else to ask and would so appreciate your advice

many thanks
c

[Amethyst]

Re: Small claims NNExt step

You can negotiate with the defendant yourself. Is the defendant a company and you an individual - that will explain why the case has been transferred to your local court.

Don't worry about them ticking no to mediation - it looks bad on them in court later.

So now you have it transferred to your local court you should receive a court date, this will give details for the witness statements which will be due approx 14 days before the hearing. Don't worry about the hearing fee either, paying it doesn't mean a great deal - they can get it back if they discontinue before 7 days before the hearing.

Do we have a copy of your defence ? Might be worth posting that up - as the witness statement can be used to expand the defence a bit. Did you include in it about property being destroyed etc ?

Are you thinking of settling simply to avoid the hassle ? or because you don't think your defence will stand up ? I do think you are going to have to go into a bit more detail about the case.

I don't believe you need a solicitor for a small claim like this, and negotiation and a consent order isn't difficult - they are the claimant so it would be on them to lodge it with the court anyway.

[cvt]

Re: Small claims NNExt step

Thanks yes they are a company

my questions are really just these for now:

1) I wondered at what point does the claimant have to pay for the hearing fee? Will the court wait to receive the money before they send me the date or do we both get sent the next stage together?? If I wanted to settle I was trying to avoid further costs?

2) I also wondered if the if the court may suggest mediation again as they ticked no and I ticked yes..? And I'd like to try and settle it because of the time and hassle not because I have a poor case.

3) I also am so over this now I wanted to settle it but if I go via my solicitor it will cost approx £300 to get an agreement signed and then the file to the court to say it has been settled and I don't see why I should pay this on top of a high amount they have asked for as a offer ...so I don't know how I can settle it out of court if it costs to do all the paperwork and enforce it by the court as its not just about paying its about the fact they still have some of my property which I want destroying etc and a few other stipulations which I wanted the court to enforce....this could have all been done via mediation but I've been denied that so I don't know what to do to even settle it.

The claimant has become abusive hence be asking a solicitor to reply on my behalf as the relationship has broken down and I can't deal with the claimant anymore so I don't know how I can even settle it without incurring more legal costs?

Thank you you so much I'd appreciate any advice

[Amethyst]

Re: Small claims NNExt step

Everything should be in writing which should cushion you from any abuse.

1) The hearing fee will be £55. They pay it when the hearing is listed. They can reclaim it from the court up to 7 days before the hearing - so if you settle it shouldn't be taken into account until after then.

2) Possibly but if the other side don't want to mediate it is their loss, not yours. It can be raised when awarding any costs.

3) Write to them on a without prejudice basis laying out your offer with a draft consent order. ( eg. http://legalbeagles.info/forums/show...-credit-claims )

[cvt]

Re: Small claims NNExt step

Thanks but dont solicitors usually do a consent order or can i contact the court to ask? Who usually does this when you are the defendant and want to settle ?

[Celestine]

Re: Small claims NNExt step

Either party can produce and offer a draft consent order, it doesn't have to be a solicitor. Don't let the formal style put you off!