small claims court, what next?

[soils]

I've submitted a claim against a company for an unpaid invoice, the company has submitted a defence against the claim, what do I do now - reply arguing the defence points? ?Do I have to submit anything else? Also I think I have a good chance of winning, so would like to take it to a judge, what potential costs are involved if I lose?

[Buenchico]

You're already placing your claim before a judge. That's who will make the adjudication in the County Court when your claim is heard.

This link provides all of the information you need:
http://www.hmcourts-service.gov.uk/infoabout/c laims/index.htm
(To answer your question about what you do now, you'll need to download leaflet EX306).

Chris

[Cpt.Teapot]

If THEIR defence against your claim holds up in law you will be liable for some or all relevant costs. If you back out now, you will have to pay any costs that they may have accrued to submit their defence to date.

You need a solicitor's advice, ( �140 to �200 per hour, plus VAT). Some charge the first hour at a reduced rate or for free.
The cost of some or all of this will be awarded to you if you win, but doesn't necessarily mean you will be paid it. You may have to persue the defendant for this as well!

[soils]

Excellent, thanks guys, but how do we argue the points raised by the defendant in their defence, do I get an opportunity to tell my side in court?

[Buenchico]

Beware of accepting advice from teapots - even if they do hold the rank of Captain! - especially if your claim is for less than �5000.

From Leaflet EX301, produced by Her Majesty's Court's Service:
"If you have a solicitor and your claim is for less than �5,000, you will usually have to pay for his or her help yourself, even if you win your case".

Source:
http://www.hmcourts-service.gov.uk/courtfinder /forms/ex301.pdf

Chris

[Barmaid]

You can do a Reply to the Defence, but frankly, I would only do so if there is a counterclaim or set off pleaded in the Defence.

Next you will need to submit witness statements. You should include all statements and exhibits of anything you want to say at trial.

Unless you have acted unreasonably, there is no costs award against you on the SC track, apart from witness expenses (and they are limited to travel expenses and loss of earnings of up to �50 per day).

If you are successful, you can't claim your costs, apart from the fixed costs of lodging the claim and your own witness expenses - again this is unless the other side have acted unreasonably.

[soils]

I was under the understanding that cost weren't normally awarded. I want to get my money owed, and even if it costs me what I'm owed to hire appropriate legal advice to win then it will be worth it to stop these ******* getting away with not paying a legitimate invoice (i would say that ;)

[soils]

Sorry Barmaid you posted as I was writing, thanks, I wish to act as witness, and will have support of peers to act as expert witnesses (ie free)

[Barmaid]

OK, peers cannot act as expert witnesses. You need the Court's permission in the SC track to have an expert witness. If you need one, you will need to seek permission - I think the allocation questionnaire should be next and you can seek permission in that. However, they need to be independent experts, you can't just have people you know rock up as expert witnesses.

If an expert is needed, you really ought to get a joint report.

[Barmaid]

It might be useful if you post some indication of what the dispute is about (ie what the invoice was for and how it is being defended). That may help me to advise on the issue of experts.

[soils]

Barmaid, i'd rather not go into too fine a point of things on a forum, but would be happy to expand on a PM.

I have gained some excellent advice from you all thus far, and I thank you for all responses. I'll keep you informed of how things go.

[andyhamilton]

You don't need to argue against the defence points at this stage. It won't be taken that you admit anything if you remain silent. You should receive an allocation questionnaire from the court. Follow the instructions to the letter and make sure you complete it correctly. In my experience it's best to argue your case in the form of a witness statement in which you list the relevant facts, enclose supportive documentary or photographic evidence if you have any and which you should refer to as Attachment 1 or Enclosure 1, avoid emotive language and avoid opinion. You have to send copies of your witness statement with supporting evidence to the court and to the defendant no later than (I think) 7 days before the court hearing. Don't send it any sooner than you have to or the defendant will have plenty of time to concoct his/her own witness statement which will undermine yours. If you have evidence in the form of taped conversations the judge may or may not allow them, but they counts as documents so you have to send copies to the court and the defendant with your witness statement