I hired an accountant to do my books now being taken to small claim court - timelines

[be96erj 1]

I hired an arbitrator as an ADR between me and my accountant.

 

However it turns out that the contract between me and my accountant does not have a clause for arbitration.

 

The arbitrator took on the job without checking this.

 

He says he doesn't work for free!

 

Given that almost all other professionals would do such a check, as it saves a lot of time

- is there is legal requirement for him to do this check?

[mariner51 696]

IMO No. You engaged his s; he is entitled to payment for time expended.

[steampowered 3,176]

Do you actually mean 'arbitration'? Or do you really mean 'mediation'? They are very different!

 

If both parties agree to submit the case to arbitration or mediation, it doesn't matter whether there is a mediation/arbitration clause or not.

 

The arbitrator/mediator should be paid for work you asked him to do. It can't be very much if the case did not proceed to a mediation/arbitration hearing?

[be96erj 1]

Hello,

 

I am being taken to court for non payment of fees. I received a notice of allocation to the small claims track (hearing) in December and it stated that the claimant had till the 8th feb to pay the court fee. On the 7th feb, the claimant wrote to me asking me to settle his costs before he paid the court fee the next day, but I refused.

 

It is now the 22nd and I had heard nothing about this from the court. However the claimant wrote to the court today asking for a postponement for the supply of his evidence (which is in for this Monday) as his mrs has gone into hospital.

 

This is unfair, I have not been made aware that the court case was going ahead (by the court admin). Nor was I told by the claimant that he would definitely be putting in a claim. I am now at a disadvantage as I have not been given adequate time to prepare- compared to the defendant.

 

Can anyone advise if I can get this thrown out as a result of the above, or any other court rules that the court admin and claimants must abide by in terms of informing the defendant within set deadlines?

 

many thanks

[fkofilee 1,342]

More info please - Whats it about?

[be96erj 1]

I hired an accountant to do my books. I believe he has overcharged me. I paid him £600 for his work, but he claims I owe him another £1200. I told him no, but he has taken it this far. I plan to use the consumer protection act, I do not believe he used reasonable skill and care when carrying out his work. I hope I have covered everything!

[Andyorch 10,551]

Thread moved to General Legal Issues Forum...please continue to post here to your thread.

 

 

 

Regards

 

Andy

[Andyorch 10,551]

All parties must comply with the court directions as per the dates set...only if parties agree between them selves and permission asked of the court would it be considered...otherwise sanctions can be imposed on the the party for none compliance...IE Strike out of the claim/defence.

 

 

Andy

[be96erj 1]

All parties must comply with the court directions as per the dates set...only if parties agree between them selves and permission asked of the court would it be considered...otherwise sanctions can be imposed on the the party for none compliance...IE Strike out of the claim/defence.

 

Andy

 

thanks Andy, so what you are saying is that the claimant needs my permission as well to get the extra time? Why on earth would any defendant agree to that?!

 

also is my defence that the court admin have not informed me that the matter has progressed to court or/ and that the claimant has not providing their evidence (but considering I haven't either)?

[be96erj 1]

anyone else got any advice?

[honeybee13 4,575]

I expect Andy will be back later.

 

Don't you like the earlier advice?

 

HB

[be96erj 1]

I expect Andy will be back later.

 

Don't you like the earlier advice?

 

HB

 

No its not that. What am I unsure about?

 

1. Even though claimant has missed the deadline, so have I! Will that go against me?

2. Was I meant to have expected to create my evidential case/documents, without even knowing that the claimant had paid the court costs? No one informed me that the defendent had paid court costs as per the n157. Had I been informed, I would have have produced the evidence and sent it off to the court.

3. Is it enough that the claimant has not followed the court's direction, for it to be thrown out?

 

just unsure about it all. Like some others, I get nervous whenever I think about going to court!

[Andyorch 10,551]

thanks Andy, so what you are saying is that the claimant needs my permission as well to get the extra time? Why on earth would any defendant agree to that?!

 

also is my defence that the court admin have not informed me that the matter has progressed to court or/ and that the claimant has not providing their evidence (but considering I haven't either)?

 

I assume you must have completed a DQ Directions questionnaire for the claim to be allocated...for the N157 to be issued (Notice of Allocation) ?

 

That is conformation the claimant wishes to proceed.The claimant does not have to respond to your defence directly..thats later in the process.

No its not that. What am I unsure about?

 

1. Even though claimant has missed the deadline, so have I! Will that go against me? Possibly why have you not complied with the directions by the date stated ?

2. Was I meant to have expected to create my evidential case/documents, without even knowing that the claimant had paid the court costs? Yes the hearing fee is separate to directions and not really your concern No one informed me that the defendant had paid court costs as per the n157. They dont its not your concern but if you ring court and enquire they usually tell you Had I been informed, I would have have produced the evidence and sent it off to the court. See above they are not compelled to tell you that is between the claimant and the court

3. Is it enough that the claimant has not followed the court's direction, for it to be thrown out? Yes it is and so is your defence because neither have you followed directions

 

just unsure about it all. Like some others, I get nervous whenever I think about going to court!

 

 

Andy

[be96erj 1]

I assume you must have completed a DQ Directions questionnaire for the claim to be allocated...for the N157 to be issued (Notice of Allocation) ?

 

That is conformation the claimant wishes to proceed.The claimant does not have to respond to your defence directly..thats later in the process.

 

Andy

 

Thanks for the reply andy.

 

Yes I completed the DQ.

 

Why didn't I comply with the directions? I assumed the court would tell me! I did try calling the court on the last day of payment, but I was holding on for 30 minutes before I was cut off!

 

Why didn't I spend a few hours compiling the evidence not knowing if there was a case? I wanted to save myself a few hours!

 

Having taken this from another post, could you please confirm this is okay?

 

Dear Sir/Madam,

 

further to the order dated 7th December made by District Judge xxx which gave the following direction to the claimant xxx:

 

Page 2, point 6. Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing.

 

I am sympatheic to the claimaints plight and I wish his wife no ill will, however it must be noted that the claimant had 13 other days in which to put his evidence together. The claimant has failed to comply with the above order and no documentation has been received by me by the deadline set of 22/2/18 at 10am, as the claimant has failed to produce any documentation and therefore broken the terms imposed by the court I am requesting the case be struck out.

 

Yours Faithfully,

 

 

 

 

 

[Andyorch 10,551]

Why didn't I comply with the directions? I assumed the court would tell me! I did try calling the court on the last day of payment, but I was holding on for 30 minutes before I was cut off!

 

They already have informed you in your Notice of Allocation...hence the N157..the Directions and when both parties must comply by.The directions are not issued on the basis of the claimant paying a hearing fee and if they didnt or are late that the directions would not apply to both parties

 

Why didn't I spend a few hours compiling the evidence not knowing if there was a case? I wanted to save myself a few hours!

 

Well its obvious there is a claim..you submitted a defence in response ...by not complying and not submitting your evidence in support of your defence..you have now put your defence at risk of being struck out as per the instructions stated with in the NoA (N157).

 

Defending a case successfully does not rely on whether the claimant complies with directions and if they dont neither do you.

 

 

Dear Sir/Madam,

 

further to the order dated 7th December made by District Judge xxx which gave the following direction to the claimant xxx: Not to both parties ...thats you also ?

 

Page 2, point 6. Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing.

 

Directions work on simultaneous exchange as not to allow one party to have an unfair advantage.

 

 

 

I am sympathetic to the claimants plight and I wish his wife no ill will, however it must be noted that the claimant had 13 other days in which to put his evidence together. The claimant has failed to comply with the above order and no documentation has been received by me by the deadline set of 22/2/18 at 10am, as the claimant has failed to produce any documentation and therefore broken the terms imposed by the court and so have you I am requesting the case be struck out. And the claimant can ask that your defence be struck out also for the same reason

 

 

If only you had complied irrespective of waiting to see if they paid the fee...the above would be slam dunk...because you complied and the claimant failed.

 

Regards

 

Andy

[Ganymede 2,068]

Thanks for the reply andy.

 

Yes I completed the DQ.

 

Why didn't I comply with the directions? I assumed the court would tell me! I did try calling the court on the last day of payment, but I was holding on for 30 minutes before I was cut off!

 

Why didn't I spend a few hours compiling the evidence not knowing if there was a case? I wanted to save myself a few hours!

 

Having taken this from another post, could you please confirm this is okay?

 

Dear Sir/Madam,

 

further to the order dated 7th December made by District Judge xxx which gave the following direction to the claimant xxx:

 

Page 2, point 6. Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing.

 

I am sympatheic to the claimaints plight and I wish his wife no ill will, however it must be noted that the claimant had 13 other days in which to put his evidence together. The claimant has failed to comply with the above order and no documentation has been received by me by the deadline set of 22/2/18 at 10am, as the claimant has failed to produce any documentation and therefore broken the terms imposed by the court I am requesting the case be struck out.

 

Yours Faithfully,

 

 

 

 

 

 

 

Don't you have any evidence to disclose?

 

An extension of time would benefit you too presumably.

[SuperVillain 400]

Based on what you said above, this hearing is taking place on 8th March... Upon reading the letter the Court will do one of two things... ignore it.. or adjourn the hearing to another date.

 

My suggestion... get your evidence together and get it to the Court and the other side. As soon as you can.