Jump to content


angelness

Advice on how to deal with small claims summons

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2122 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello,

We are a small limited company and have recently rec'd a small claims summons from a tenant for £5,000+ interest. We have tried to research this fully and are confused as it appears that the small claims limit is £3,000. We wish to defend this and would like some advice on how to do so - we have sufficient evidence regards defending the actual content but need to know if it will even get this far as the amount is outwith the scope of the small claims court. We have also read that Ltd Companies must be represented by a solicitor in the small claims court. This will prove difficult for us as we are barely solvent. Any advice would be greatly appreciated. Thanks

Share this post


Link to post
Share on other sites

Hello and Welcome,

 

You are correct, the small claims limit is £3,000, who served the summons on you.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Share this post


Link to post
Share on other sites

Hi,

 

The summons was put through the door of the registered office of the company also my home. It was in a plain brown envelope which stated that it contained a citation from Livingston Sheriff Court. Section 8 service on defender was completed as the place being Falkirk (even though we are in Livingston) and signed by a Sheriff Officer but their name wasn't stated.

Edited by angelness

Share this post


Link to post
Share on other sites

I would call the court stating the reference and request further information

Share this post


Link to post
Share on other sites

I've a feeling the Sheriff Officers might be in Falkirk, like crocdoc says you should call the court and ask for further information and mention the small claims limit.

I don't get how it can be a small claim being over the £3,000 limit.

 

Representation in court will be required for summary cause (claims between £3000 and £5000) and ordinary cause (for claims over £5000)


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Share this post


Link to post
Share on other sites

Hi,

 

Thank you for all the advice. I appreciate what is being said re calling the court but we would actually prefer that it was played out in court as this would expose the nature of the claim and also create a delay. I will call the court to find out if as a limited company we are permitted to be represented by an officer of the company.

Share this post


Link to post
Share on other sites

Might help if you can post up what the court papers have and give us some details what it is about.


Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Share this post


Link to post
Share on other sites

Hi,

 

Thanks for advice so far. It appears to get more complex... I went to CAB for advice and gave them a copy of the summons - they contacted the court and were advised that it is a summary cause case even though we have been served small claims summons.

 

The CAB said that the court didn't seem to think it was an issue that the wrong paperwork had been served! The CAB advised that we will need to employ a solicitor and that they can't help any further. I don't feel comfortable posting the summons on the web but am happy to explain the claim.

 

It has been served by tenants who have been served their notice to quit and section 33 paperwork. The claim isn't detailed but states that they want a decree to make us install central heating, fix leaks, electrical inspections. The prob for us is that the property is on an estate where much of the properties are boarded up and the remainder will be demolished within the next year or so.

 

The tenants were aware of all this when they moved in in June and were given 6 months rent free to then be followed by 6m at a reduced rent. They were very keen for the first few months and the man is a qualified tradesman. At the beg of September we explained it was not economical for us to install gas central heating given the situation and so offered to provide electric space heating - they refused.

 

Since then everything has been an issue and they have also taken us to PRHP - no date set for hearing yet and now they have served the court summons.

 

We think they are looking for a pay off. Does anyone know of any other agencies of bodies that we can go to for assistance as funds are limited and we are keen to defend this in the correct manner.

Thanks

Edited by citizenB

Share this post


Link to post
Share on other sites
http://scotland.shelter.org.uk/get_advice

 

Phone an adviser

 

0808 800 4444*

9am-5pm, Monday to Friday

 

Give Shelter (Scotland) a try. They have a legal section and will advise both tenants and landlords.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Hi angelness

 

 

on the court side please look at this Scottish courts link: http://www.scotcourts.gov.uk/taking-action/small-claims

 

 

Now an important question you have mentioned that the tenant has appealed to the PRHP could you please confirm whether the tenants appeal to PRHP was proceeding before you were issued with court papers?

 

 

Do PRHP know that the Tenant has issued courts summons on the matter they are appealing to PRHP?


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites

Thanks, for the tip re Shelter - I will call them on Monday.

 

Re the PRHP - we haven't even got to the stage of replying to the referral letter yet. PRHP decided to take the matter on at the beginning of November and we are keen to follow this process through. We are due to reply to their letter of referral later this week and they intimated that they would conduct their visit sometime after late December. We were then surprised to get the court summons as we thought we were following the PRHP process and that court proceedings should be a last resort. We have always been keen to communicate and move forwards but the tenant's did not want to try mediation. It appears that their main motivation is gaining a large payoff. In light of the court summons I do not feel that I can respond fully to the PRHP letter as this may prejudice the court case and so I will inform them of this and see what they say.

We have looked at the courts website in detail and just disappointed that we have no choice but to incur the costs of employing a solicitor to defend our position even though we feel court action is premature.

Share this post


Link to post
Share on other sites

Hi angelness

 

Its is important that you immediately inform PRHP that the tenant has issued a court claim at the same time as going via PRHP

 

This is from PRHP website:

 

Can the prhp turn down my application?

 

Yes, but only if it is frivolous or vexatious (i.e. you are raising it just to be a nuisance), or you have recently made an identical or similar application in relation to the same house and not allowed time for the situation to change, or the dispute to which your application relates has been resolved. Also remember that your application will not be valid if you do not provide all the necessary information.


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites

I will inform the PRHP, I was planning on asking them to delay their inspection/hearing until after the court hearing. I believe that both myself and the tenant have to respond in writing to the PRHP by the date set in their referral letter and so I was going to wait until then so that the tenant also has the opportunity to inform them - or not as the case may be.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...