Court case

[pigmo]

I am the defendant in a court case, small claims actually.

I was 99% certain to win the case but the claimant has not sent copies of her documentation to myself or to the court by the due date. It seems she may make her case verbally without any documentary evidence to back her up. The girl in the court agreed that the claimant may not even bother to attend court, certainly wouldn't be the first time.

On the other hand, my defence is watertight, my documents are all in order and dated, my case is rock solid. I have my notes in order Now it seems I can't lose, even the girl in the court chuckled when I spoke to her on the phone.

So I need to know exactly what I can claim for if I win the case. The leaflet EX307 says I can claim £50 for loss of pay
I want my day rate of £790 , also mileage allowance of 40p/mile, totaling £196 and maybe something for all my effort dealing with this case.

Anyone familiar with the system?

Gracias
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Europes a cummin' - Lou Bupp and Ben Dover

[rotax81]

dunno but they nearly made an order to sell one of my bikes yesterday to pay a debt
didnt mention the car or van
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ZX636C6F road. ZX636C1H track. ZX7R redundant. ZX0.5R minimoto as ornament.
Audi A4 Avant 1.9TDi and VW Transporter 2.5TDi 888 Special (no mot and tax lol)

[pigmo]

Thanks for that. I forgot to mention my solicitor said I should call the court and ask the judge if he order the case be 'dropped' on the grounds that she has failed to comply with the courts orders and that I will have to ride about 5 hours in shitty weather to get there, heck! she may not turn up and she has almost no chance of winning.
____________________
Europes a cummin' - Lou Bupp and Ben Dover

[rotax81]

claim what you feel you should claim for with a reasonable argument. dont take the piss though as they may throw it out and all you then get is the basics.
my ex applied by letter and i had to be cross questioned but i think i came out ok, i had nothing to hide
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ZX636C6F road. ZX636C1H track. ZX7R redundant. ZX0.5R minimoto as ornament.
Audi A4 Avant 1.9TDi and VW Transporter 2.5TDi 888 Special (no mot and tax lol)

[kitty kat]

My mum took my ex husband to small claims & won, the judge did all her expenses for her and also added on loss of interest on the money she was owed by my ex. She got a couple of hundred quid added on for her travelling & out of pocket expenses and about £900 in lost interest
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Enjoy everyday, tell those you love everyday you love them
Life is too short to fall out with people

[Keir]

if you win could you not sue her back for the money you are out of pocket?
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Current : '08 Yamaha FZ1s
Previous: '99 Honda CBR 600FX, 03 ZX636 B1H, 99 Fazer 600 (red), 02 GSX-R 600 K2, 00 SV650s (red), 2008 ZX10R, 97 Bandit 1200N, 04 ZX6RR K1H, 04 GSX-R 1000, 98 Fazer 600 (gold), 05 Madness 110 Pit bike, 04 CR125R, 00 SV650s (black), 06 KTM 625 SMC, 99 SRAD 600 track bike, 03 SV650, 98 Bandit 1200N, Bandit 600SY, 03 GSX-R 600 K3, 01 GSX-R 600, 01 Fazer 600 (black), VFR 400 NC30 x3, 78 Honda Dream, 00 Speedfight 50

[EuropeanNC30R...]

As the defendant, why didn't you have the case moved to a local court?

[pigmo]

Many thanks for your replies.

If I win I'll be asking for a fair amount in lost time. I can't really ask for my day rate of £790 as that would be taking the piss, but I will point out that I will have completed a marathon 10 hour motorcycle ride in awfully dangerous weather conditions to attend court. I reckon my 40p/mile (£196 in total) should stand up OK, or at worst be bargained down a little.

The reason for the case being heard in the claimants local court is that I appeared to be a corporation, well thats what they told me today on the phone. In actual fact, I am simply a sole trader running a business in very difficult times and if I fail to reply to emails immediately, I lose out on valuable work. A whole day away from the telephone can prove to be very expensive.

Thanks again.
____________________
Europes a cummin' - Lou Bupp and Ben Dover

[yambabe]

Um, you are the defendant, AFAIK you can't claim anything UNLESS you put a counterclaim in when you submitted your original defence in which case you can claim whatever that was.

You shouldn't need to waste time going to a hearing either though.

Apply to the court immediately to have the case dismissed on the grounds of her non-compliance with the filing date then just get on with your life.
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Sod falling in love, I wanna fall in chocolate.

[Chriss]

I've been looking into the small claims court, I've been advised the worst that can happen if I lose my case is i'd lose my court fee, however, there's nothing stopping them from counter-claiming, if it's deemed I was unreasonable in what I was claiming for. (Ie, there was never a case)
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TheShaggyDA: I've got 3 or 4 pairs that predate my wife, so at least 11.5 years old.

[Fortuna]

Did you request documents from them? You can do it under the CPR. The whole point of you requesting documents is that it's to help you, not them. If they don't supply them when requested you can ask for the case to be struck out. A lot of people will hope you don't know and that's why they do it.
Not having them puts you at a disadvantage and you should ask the court to make an unless order or an order to supply them.
Give them enough rope to hang themselves with. If you do it right, you don't even end up appearing in court.