Defending a claim inthe small claims court

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My Dad has had a claim made against his company by a much bigger company with a dedicated legal/credit control team etc in the small claims court. He is going to defend himself.

Becasue he runs as a limited company it is down for their local court. if he applies to have it heard in his local court (approx 50 miles away from the claimant) citing family and business reasons - he is my childcare when I work for example - will they be able to claim extra travel costs if he loses.

hH is not counterclaiming even though he incurred inconvenience/possible loss of business when the service was failed to be provided by the claimant. He doesn't really want to incur any further costs. he has attempted to offer a without prejudice (we were told that was the right term to use during a free 1 hour legal advice session with a local solicitor) offer which was rejected outright.

He should be counter claiming. all helps with the negotiations if nothing else.

Don't know the rules about transfering, but there's no harm in asking, but they may well be able to claim travel costs if they win.

He doesn't want to counter claim as a. he feels it is petty, b. he will then have to pay a court fee and c. it would be too difficult to prove he lost business (thought he is going to get a couple of people he deals with to write letters to say they couldn't get through on the phone for over 2 weeks)

Basically he refused to renew a maintenance agreement becasue they failed to repair the system (3 call outs various reconditioned parts fitted which didn't work and told that system was now obsolete so wouild need new system installing at a substantial cost. The maintenance agreement said he should have given 3 months notice before the renewal date. He has offered payment equivalent to 3 months in lieu of notice but they want the full 12 months payment even thugh he no longer has their system installed (becasue it didn't work!)

They say had he carried on and renewed they would have got it working (eventually) or we should have bought new system from them.

I agree with Collaborate that he should be counter claiming, regardless of whether or not it feels petty. And I don't think it is petty. They failed to perform their obligations under the maintenance agreement. Even if he can't prove lost business he can still claim for return of the maintenance fee. He will get his court fee back if he wins.

If your husband was being sued as an individual the case would automatically be transferred to your local court. As his company is being sued it won't be transferred automatically but you can still ask for it to be moved. You won't have to pay the claimant's travel costs. However, if they call witnesses you may have to pay their travel costs.

The local court is actually across the road from his office!!!!!!!!

He thinks he might lose as technically he should have given the 3 months notice and it is their word against ours.

They obviously have a deparmtment that do nothing but chase this sort of thing and the employee who dealt with it at the time is refusing to have anything more to do with it. He had 1 hour free consulation and me to help him write the statement!

I'm hoping the fact that we have shown willing to negotiate (he is going to tick the mediation box but I know they will not agree) and we made an offer will go in his favour.

Mum thinks it is taking too much time and effort he should be spending on other stuff. I think that if no-one ever challenges these companies they will just go on and on doing this.

If they had got it working (or even given us a more competitive quote for a new system) he would have renewed no problem.