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poor driveway - can i go via County court online claim


axil23
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Quick Question -

 

If I take a company to court via the online HMRC county courts service and loose the case will I be liable for any fees? I will be suing the company for under 5k so that will be dealt with by a local county court.

 

I don't want to come to a situation where I have to pay for the other companies Lawyer bills.

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Normally under £5000 will be on the small claims track but its not a definate, the court will maybe have an allocation hearing to decide which track (incidently Im off to one this afternoon, im suing my landlord for non-repairs, ive put the figure as £6000, but I am going to try and argue it should be a small claim this afternoon, we shall see how I get on.

 

But yes you are right ithat in a fast or mutli track and you lose you could well be liable for their costs, but court cases are often a bit of a gamble, it may be possible when they have replied with their defence and you are surprsied thay have a good arguement that you decise to stop the case, but bear in mind you may be liable for wasted costs.

 

Also bear in mind that you will prob need second/third opinions on the driveways and experts reports which could rive the cost up.

 

Another fact is that they may be a dodgy company and may not have a clever solicitor but then again they may not turn up and you win but you find it impossible to get any money out of them !

 

Andy

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but bear in mind you may be liable for wasted costs.

 

When and who decides that? Also from when are you liable? From the date that the court case is filed or say if now I have received a reply from his Lawyer and I have not done any case yet. So can I be liable for any correspondence right now? I sent him a last letter a couple of weeks back and he has now replied through his lawyer. Just trying to scare me off but I actually wanted to just reply to the Lawyer with my points as we maybe able to settle out of court. But can they bill me for that?

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When and who decides that? Also from when are you liable? From the date that the court case is filed or say if now I have received a reply from his Lawyer and I have not done any case yet. So can I be liable for any correspondence right now? I sent him a last letter a couple of weeks back and he has now replied through his lawyer. Just trying to scare me off but I actually wanted to just reply to the Lawyer with my points as we maybe able to settle out of court. But can they bill me for that?

 

Well, my case didnt go well, basically it was (hinted) that my case was weak (or at least how it was worded), and I could be liable for (high) costs as it would be on the fast track. So Im contemplating dropping it, I have posted a thread on the forum about wasted costs so hopefully someone will respond to that. http://www.consumeractiongroup.co.uk/forum/showthread.php?291951-Wasted-Costs-against-Litigant-In-Person&p=3274210&highlight=#post3274210

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