Small claims... anyone attended a hearing and can help calm my nerves?

[HeyPesto55]

So, we have an ongoing building dispute that has unfortunately ended in the small claims process.

Builder has filed a counterclaim and his defence is pretty harsh. Pretty much a character assassination saying I'm a lying, despicable excuse for a human being who had an agenda from the word go and was out to trick him... across 6 pages It has really knocked my confidence because it's so uncalled for, I just don't know where to start (I know I need to toughen up!)

Can anyone reassure me about the small claims process? I'm really dreading sitting in the same room with a man that quite clearly hates me and wants to rip me apart.

FWIW, I think we have a good case so I'm just so worried I'll be mauled to bits that I won't get it across adequately 😢

Just try and stay calm and remember that all the crap he's written about you says more about his nasty character than it does about you!

It’s a very informal setting. Likely to either be a large table, with the judge at thleast head and you either side, or a smaller table in front of a judge’s desk. Have you got representation? Most judges won’t allow any bullying behaviour and so try and stay calm and ensure you tell the judge if you’re feeling any anxiety and they will try and accommodate breaks, water changes etc to keep the pace calm. You can mention this to the usher when you ‘check in’ and ask them to relay to the presiding judge.

Thanks for replying cantbeat, of course I know you are right. And I'm not normally such a wuss bag, honest.

But it's just that I know he genuinely believes it and the whole sorry thing is just really getting to me!

Thanks, Soya. That's helpful. I don't have representation, should I do you think?

I have read they are only 30 mins and I'm thinking that there won't be enough time to go into the details of all my various character faults and at some point we'll really need to stick to the facts 😁 This makes me feel slightly less queasy.

I used to work in the Lord Chancellors Dept so spent a lot of time sitting in on cases for small claims - it will be pretty informal and both parties will be given an opportunity to speak. The usher will assist you in court practise I.e when to sit/stand etc. The judge will have no nonsense or behaviour from either party and will control the discussions. If the judge feels it will not be sorted with the time allowed then they will adjourn and ask for it to be re listed . However, they will have given the estimate for listing it for 30 mins so hopefully all will be sorted on the day. If you get your judgement in your favour be aware that he may still not pay up and your may need to look at enforcement of the order.

Good luck!

Thanks, ilovewillow. I should be grateful for any response I guess.

Sorry, replied a bit quick. I mean a response to the claim... at least it's a response but I know it doesn't mean payment 😢 Good chance he won't pay, he certainly doesn't think he should.

I’d be surprised at a 30 minute hearing, is it definitely a final hearing?

As for any character assassination, I would prepare a stock phrase to put to the judge, if he goes off on a tangent about you such as: “Madam/Sir, Mr x has been vocal about me, but perhaps he could be asked to respond to (insert relevant point)”. It’s a starting point, and you might not need it, but if it’s relevant it takes the heat out of the situation for you and it will demonstrate calm on your behalf. The Defendant will be on the back foot if the judge has to keep bribing him back to facts.

Hope it goes well!

Good tip, thanks Soya. I definitely need to answer the accusations well with a thought through response.