Customer issued court proceedings against us (small family run garage)

[Mike_hawk]

Thanks Mike, I'll go with that. I think I'll leave posting until 2moz now. First class recorded should be sufficient to get it to the court by Tuesday shouldn't it?

 

I think so, 1st class is deemed served 2 business days after posting anyway

[Emz0305]

Thank the lord it's finished and thank you everyone for your help so far

[andydd]

If youve got any email or fax addresses I always send using those methods as well, Ive had a few people (even solicitors) who claim they didnt receive docs.

[Emz0305]

Can they say that if sent by recorded? I've only got the court email address

[andydd]

Sending by Signed for is fine, just a bit pricey if you use it a lot. Im live near local court and the solicitor my freeholder uses so tend to deliver by hand.

[Emz0305]

All printed out and ready to go. I added into the defence that the defendant believes that an independent report post repair would be pointless. Don't see the point in paying for a report that wouldn't prove anything as they wouldn't be able to inspect the vehicle before it was stripped of all the parts etc. Really not sure how anyone could agree with the claimant on liability. Can't quite believe this claim has even been accepted by the court. It's a waiting game now.

 

What will happen now? Will a decision be made if there is a case to answer? How does it work?

[andydd]

Often claims are not serioulsy looked at (by a Judge) therefore all sorts of rubbish can get through in the early stages.

 

There are two elements here, one is that it is important for claims to strictly comply with the CPR and if they are not they should be struck out or sanctions applied (See the Mitchell Plebgate case referenced earlier) but on the other hand it is important that everyone has a chance of justice, LiP's often make lots of mistakes so the court can be quite forgiving (as theyve shown lots of leeway to the Claimant here).

 

Personally I cant see the case or any parts being struck out, there might be further directions regarding evidence or an experts report..but lets hope not. It will prob just go to a full hearing which might mean more money for the claimant (the hearing fee) and I cant see how the Claimant has any prospect of winning.

[Emz0305]

I wish my dad shared your optimism Andy, but he's always thinking the worst. Just hope it's over soon for him as this is starting to affect his health, he's started smoking again after having gave up a couple of years ago, and he's also at the moment going through a house move and having stress over that too. He just can't wait for it all to be finished with. I'm just glad I knew to come here for help. This forum helped me win back a couple of thousand from Barclays years ago. The advice and support you get on here is brilliant. Any Ideas how I can retrieve my old account? Forgot password and the email address that I used to set it up is long gone.

[andydd]

No need to worry, the very worst that could hapen is that he loses and has to pay out a few hundred quid, not a huge loss, dont forget that mediation could be offered, and you are always free to make a Without Prejudice Offer, offer the claimant perhaps £50 or so for the whole thing to be dropped, its upto you or just let the process continue as from what Ive seen I have every confidence that you will win.

[king12345]

Given all the evidence, especially his own, he cannot win this case.

If he did it would be the most unfair win in cc history

[Emz0305]

Received last week, 'Notice of Proposed Allocation to the Small Claims Track'.

 

Just about to get Directions Questionnaire filled in and sent off. Looks like its going to a full hearing then, no point in mediation.

 

Is there anything in particular I need to include on the Questionnaire? It looks pretty straightforward enough.

[AndyOrch]

Mediation is the first question on the DQ.Claim does not proceed if both parties agree.

[Emz0305]

Claimant will only accept defendant accepting full liability so not sure what benefit mediation would be. Is it not just delaying the inevitable, being a full hearing?

[AndyOrch]

Both parties are expected to participate in mediation irrespective......if he opts out then it will be considered as and when costs are decided.

[Emz0305]

Right so you think we should tick yes?

[AndyOrch]

Absolutely it shows your amicable to narrowing your differences and trying to settle to avoid court exposure....+brownie points:wink:

[Emz0305]

Okie dokie then, will tick yes thanks

[andydd]

I agree that mediation prob wont bring any results, but its worth doing you could perhaps offer a low amount say under £50 and he might agree to that, if not, just carry on to full hearing.

 

Ive done mediation once and got a bit less than I wanted £375 I think as oppossed to £500 so I was happy.

[Emz0305]

I agree that mediation prob wont bring any results, but its worth doing you could perhaps offer a low amount say under £50 and he might agree to that, if not, just carry on to full hearing.

 

Ive done mediation once and got a bit less than I wanted £375 I think as oppossed to £500 so I was happy.

 

I'm sure his claim is somewhere around the £1500 mark, maybe more not sure as he's not really made it clear in his particulars how much he's actually trying to claim lol. Highly doubt he would be happy with £50.

[andydd]

Prob not, but if he loses, he could end up getting nothing and paying your costs (any fees and time of work £90 or whatever, if it wasnt small claims than the costs could be thousands).

 

Dont forget you can always write and point out how strong your case is and offer to settle, any mount from you to him or him to you just mark letter Without Prejudice Save As To Costs.

 

Quite often this to and fro-ing and offering to settle is an important part (it gets even complex if you can use CPR 36, but this doesnt apply here).

[steampowered]

Emz, these things are always stressful. Mostly the stress comes from having to deal with something new and unfamiliar. In reality it isn't that bad and there is no need to be fearful. Once you've done a couple, whether in a professional or amateur capacity, the fear evaporates. These days I see court hearings as a nice opportunity to get away from the office. I think your dad should try to aim for a similar attitude.

 

The idea is to be fully prepared for the hearing with all your evidence, and be ready to clearly explain your case to the judge in a logical and concise manner. Once you have done that it is in the judge's hands. The risk of going to court in small claims track is quite small since there is generally no award of legal costs in SCT.

[Emz0305]

Update.

 

As we'd not heard anything from the court or the claimant since we sent our Directions Questionnaire in to the court and served a copy on the claimant, I decided to phone the court today to inform them that the claimant doesn't appear to have served a copy of his directions questionnaire on us.

 

Apparently, according to the court, the Claimant has not even bothered sending his Directions Questionnaire in. It was ordered that by 17th April 2014 Direction Questionnaire had to be filed with the court and a copy served on all parties, and the claimant also by the same date had to pay an allocation fee of £40.

 

The man I spoke to on the phone said that the file will now be sent back up for the judge to make a decision on, but may give the claimant a further 14 days??? Surely this claimant has had ample time?? How much more relief are they going to give?

 

He told me that we could put an application in to try and get a strike out but to make sure we seek advice first to get the wording correct, also to mention the fee's that we have had to pay out for applications and expenses etc.

 

HELP!!!! lol

[AndyOrch]

Beggars belief ....the problem is Emz should you make application (and it really shouldn't require one as it should be automatically imposed by the court) if you got strike out the claimant could be allowed to set a side...and your time is wasted let alone the £55 fee.

 

Wait the further 14 days (have you had notice and when did that date run from) and see if they submit and pay the hearing fee.

 

Andy

[Emz0305]

No not had notice as it's not gone back up for the judge to look at it yet, and I'm hoping that he will use his own initiative and strike out the claim knowing how the claimant has took the mickey from day one.

[Mike_hawk]

Perhaps he's had a moment of clarity and hoping he can get away without bearing your costs if he keeps his head down..

 

I'd agree with Andy, wait it out and trust the court will strike out of its own volition. If it does your money would be far better spent on an app for costs order.