Small Claims Court

[forsteri]

Is there anywhere I can find out information about past Small Claims Court judgements without my incurring much cost ?

I am facing a claim as an individual (as defendent) for £1000 and trying to get an idea of the likelihood of my success defending. I think I read somewhere that the SCC is setup to favour claimants more than defendents so even though I know I ought to win on paper, I understand I may not because the system is cannnot (as with anyhting in life) be 100% efficient in fairness.

I would like to find out how often the company that is claiming against me has been to the Claims Court etc as it is very likely they are regular users of the system.

Thanks.

 

[forsteri]

If I receive a Claim Form from the court (as I have) and I respond by disputing all of the claim, is there still the opportunity for the claimant to withdraw the claim or will the case now continue and be judged come-what-may ?

 

[MartBrooks]

I've used small claims a couple of times. What the judge is looking for is a clear, well formed, logical case in plain english. Favouring one party over the over just because they are the defendant would be unjust and quite likely illegal.

I would get an independant third party to look over the details of the plaintif's claim, present why you think the claim has no merit, and then ask the third party their opinion.

 

[forsteri]

Thank you that's very sensible advice.

I have put the story to a few friends and colleagues over the months but getting a legal pro to look at the full story I imagine would be expensive so I have avoided it so far.

I was hoping that the claimant would back off in response to the evidence I provided (I have copies of all emails etc.) which has included a written verbal quote from a well qualified third party professional to whom I have shown the key fault (in the product/service I was supplied with).

By "independant third party" to look over the details of the plaintif's claim, do you mean a solicitor and how would I get the right one with the right experience in my area of business (broadcast video and DVD video) ?

 

[Astaroth]

The system doesnt really favour one person or another and if it does then it is more along the lines of "the little guy" more than who happens to be the claimant or the defendant. Civil law works on the balance of probability and so you can only be biased by the judges personal prejudices.... all other things being equal the 18 year old male driver is more likely to be found "guilty" to the 35 year old female driver with her 2 young children.

As to searching, you can check http://www.trustonline.org.uk/search-others/ for results

 

[Bill Ryan]

What Mart said is quite right. If you have the information presented in a sensible way that can easily understood the legal aspect (the applicable law) will be applied to the facts as disclosed.

Where facts are in dispute between you and the other side the judge will decide who to rely on based on his/her view of the credibility of the witnesses /parties involved.

Normally if you have a good case you will win - if you don't or you present it badly you won't win. The onus is on the other side to prove the case.

 

[JElder]

If you have an outside specialist who provided the report, see if he would be willing to attend as a witness.

The case can be settled or abandoned at any time up to the day of the case.

 

[forsteri]

Thank you all for useful info in different ways.

I (the small guy, sole-trader) will carry on working directly with the claimant (the big guy) to put them off. I am rather surprised they have filed the claim since the 3rd party technical consultant I got free initial advice from 'condemned' the crucial part of the job (the video encoding in the authoring of a premaster DVD for retail use) and the claimant has barely followed protocol that is required before a claim can be considered (they have made very little attempt to try and resolve the dispute).

If I paid for the consultant to come to the court with me it would be a day's work for them and cost several hundred pounds. Would the costs be refunded to me by the claimant if I win ? I have already warned the claimant that this would likely be the case.

It's been a long drawn saga and I don't trust my own viewpoint to be entirely subjective so I think Martin's advice to get a thrid party to judge it beforehand is still the most sensible way forward but I wonder what chance I have of re-couping that cost too.

 

[Clarkmans]

I'll review the claim form and give you some advice free of charge if you want to email it to me.

Clare

 

[forsteri]

There isn't any information on the claim form that describes the work or reason for the dispute. It just says under 'claim Particulars' :

"Outstanding Invoice for service no. 22122.
We are entitled to charge £27.84 in interest under the Late Payment of Commercial Debts [Interest] Act 1998 as amended and.....2002.
The claimant claims interest under Section 69 of the County Courts Act 1984 at the rate of 8% a year from 09/03/2010 to 24/06/2010 of £1,117.43 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 27.84%."

4th May 2010 I received a 3 page job report written by the claimant, sent to me by signed-for post and I responded 19th May 2010 with a 5 page report (a summary, followed by detailed timeline of events) sent to their sub-contractor HSBC Finance who handled it all until recently. There are one or two letters too. Would you be able to look at all this and give an opinion on possible outcome ?

 

[Clarkmans]

Hi

So they're just claiming non payment of an invoice for a service they provided.

It seems you've not paid because there was some problem with the service. Is that the case? PM me details of the problem and I'll give you a general overview.

Have you filed an acknowledgement? When is your defence due?

I'm not going to be able to review any paperwork until next week.

Clare