starting a small claims court action against a photographer who ruined our wedding photos.

[linbren03]

Hi

I am starting a small claims court action against a photographer who ruined our wedding photos.

 

I have a few queries regarding this issue:

1) can I send the photos electronically  when issuing my claim online. if so what is the download limit?

2) If this is not feasible can I enter a USB pin with photos on as evidence?

3) When do I send the small claims court evidence to support my claim?

 

Many thanks

[dx100uk]

1. no need to

2.not now maybe later

3. at the disclosure stage.

 

there is a small claims guide here..

 

dx

 

[BankFodder]

In addition to the above responses, it sounds to me as if maybe you're not very sure of the steps to take. Why don't you tell us the whole story and then we can make sure that you do things in the best way possible for yourself.

What's the story – and what's the value of the claim? Dealing with something as nebulous as the value of a ruined a special occasion or the mementos of that special occasion can be tricky when assessing the value of the claim. You need to keep your claim realistic and you mustn't appear to the judge simply to be making a money grab. I'm afraid that people who aren't experienced in this kind of claim often have inflated ideas of what the claim might be worth.

 

[linbren03]

Here is the story from the local paper should explain what has happened to us. If you need any more information let me know please.

https://www.plymouthherald.co.uk/news/plymouth-news/furious-plymouth-newlyweds-hold-wedding-3747411?fbclid=IwAR2yK-kELf-DKiA_iyp6D6hbSYBEAdW45uywMWHZJ5NA0fXIEYVtZfgSWVA

[AndyOrch]

Should be cut and dry then reading the above link..... your claim would be the fee already paid plus the additional £330 + court fee+ Sec69 Interest at 8 %

 

Andy

[linbren03]

Thanks for all the advice.  As the photos will be integral to my case I still need clarification  about these two points:

1) can I send the photos electronically  when issuing my claim online. if so what is the download limit?

2) If this is not feasible can I enter a USB pin with photos on as evidence?

For if I can not do this by electronic means or use the usb as evidence. I will have to have them printed out. That means I will have to make my claim by post. So I hope you understand my need for clarification.

 

Brendan

 

[AndyOrch]

1) can I send the photos electronically  when issuing my claim online. if so what is the download limit?  No there is no requirement...you do not issue evidence with the initial claimed particulars...evidence comes later in the process if the defendant wishes to defend the claim.

 

2) If this is not feasible can I enter a USB pin with photos on as evidence? Yes at the relevant stage (After allocation) when told to by the court

[linbren03]

I have read the thread you sent me about small claims does the enclosed letter count as a Pre-action protocol?

 

Many thanks

 

 Pre-action protocols.pdf

 

[linbren03]

I have received  Notice of Allocation to the Small Claims Track.

 

I would like some clarification on some points in the document:

1. It states that the hearing will take place via Microsoft Teams at the local County Court.

Does this mean it is mediation services or an actual Court Hearing?

 

2. I have been asked to send in all the documentation pertaining to my case as I am the claimant but I have already sent the evidence I intend to use when I sent in my claim form (Particulars of Claim)

Does this mean I have to resend them?

 

Lastly when is the best time to send the court fee just in case the plaintiff decides to settle before the hearing and I lose the court fee.

 

Many thank in advance

[honeybee13]

Hi.

 

Does this query relate to any of your previous threads please? Knowing that could help us to advise you better.

 

HB

[BankFodder]

Please can you tell us the entire story in a bullet pointed chronology.

also please can you post up your claim form and the defence in scanned PDF format not an image please

 

 

and as requested by my site team colleague please could you indicate if this has something to do with a previous thread and could you provide a link

 

Also please read our advice about preparing your court bundle because that is what you are being asked to do

[dx100uk]

old and new threads merged for history.

 

as the claimant..

if you have an allocation date

you should also have a date to pay the fee...

and date to exchange witness statements...

and yes you will need to send all your exhibits 

 

and no its not mediation.

did you not get an N180 to fill in?

[AndyOrch]

4 hours ago, linbren03 said:

I have received  Notice of Allocation to the Small Claims Track.

 

I would like some clarification on some points in the document:

1. It states that the hearing will take place via Microsoft Teams at the local County Court.

Does this mean it is mediation services or an actual Court Hearing? Hearing by video link

 

2. I have been asked to send in all the documentation pertaining to my case as I am the claimant but I have already sent the evidence I intend to use when I sent in my claim form (Particulars of Claim)

Does this mean I have to resend them? Yes...by the dates stated on your N157 Notice of Allocation  I assume you submitted your claim manually if you attached evidence.

 

Lastly when is the best time to send the court fee just in case the plaintiff decides to settle before the hearing and I lose the court fee.

It states he date to pay the hearing fee on the N157

 

Many thank in advance

 

 

Andy

[linbren03]

Many thanks for the all the advice. Here is the background to story to our case: 

From the local paper explaining what happened to us. If you need any more information let me know please.

https://www.plymouthherald.co.uk/news/plymouth-news/furious-plymouth-newlyweds-hold-wedding-3747411?fbclid=IwAR2yK-kELf-DKiA_iyp6D6hbSYBEAdW45uywMWHZJ5NA0fXIEYVtZfgSWVA

 

Also I have enclosed a copy of the notice of allocation  

 

Once again many thanks for all your help

allocation to the small claims court page 2 (2).pdf

[AndyOrch]

Standard directions on the NOA points 6 and 7...you must draft a statement of case with exhibits attached. A statement of case is your witness statement which particularises your particulars of claim in detail.

 

Andy

[linbren03]

Hi Andy

 

I would just like clarification on a couple of points in the Notice of allocation document it states:

 

The parties shall each send to the court and to each other by no later than 4.00pm on 24 August 2020 written statements [preferably typed of all persons who are to give evidence at the trial. This includes the-parties themselves limited to 2 witnesses per party.

 

By 4.00 pm on 24 August 2020 the claimant must send to the court and to the defendants copies of all the documents he intends to rely upon at the final hearing. These must be in a bundle with each page clearly numbered.

 

By 4.00 pm on24 August 2020 the defendant must send to the court and to the claimant copies of all the documents he intends to rely upon at the final hearing. These must be in a bundle with each page clearly numbered.

 

Am I correct in assuming that I have to send to the court the evidence  bundle I intend to use and another evidence  bundle to the defendants address?

 

[dx100uk]

no you duplicate everything YOU intend to rely upon to the defendants solicitors AND the court by 4pm 24th- it's called a witness statement. 

 

[linbren03]

Hi Everyone

 

I need advice about my ongoing small claims case. I am at the point of sending in my evidence bundle and I have noticed that I have made an error on my N 1 form. Is there any way I can amend this mistake by informing the court at this late stage?

 

Again many thanks for your help

[AndyOrch]

Whats the error....major ?

[linbren03]

It is about a sum of money I entered incorrectly.

 

[AndyOrch]

Pence...pounds...hundreds ?    It will cost you £100 to make an application to amend.

 

Step 6) Summary & Statement of Truth
This is your last chance to review the information you have entered and make sure it is
correct. Please read through the summary carefully – remember, amendments after issuing
the claim can be time consuming and may incur additional fees and will usually require
permission from a District Judge.

[linbren03]

Hi Everyone

I have another query concerning my up and coming small claims hearing. Which is the defendants have stated in their evidence statement they want to issue a counter claim against us but we haven't received any evidence from them in their evidence bundle to back their claim. Will the judge allow this counter claim?

 

Many thanks

[dx100uk]

if they didn't complete the relevant forms earlier in the process before today stating they wish to counter claim, then i don't think they can and ofcourse this could just be irrelevant twaddle to persuade you to drop the claim.

[AndyOrch]

Defendant’s counterclaim against the claimant

20.4

(1) A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim.

(2) A defendant may make a counterclaim against a claimant –

(a) without the court’s permission if he files it with his defence; or

(b) at any other time with the court’s permission.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part20#20.4

[linbren03]

Please correct me if I am wrong. This means a defendant can make a counter claim without any evidence to back it up and without sending any evidence of the counter claim to the Plaintiff or to the court in their evidence bundle. And the court will allow this counter claim to be heard?