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Small claims final hearing - help me prepare!

6 replies

NoPrivateSpy · 07/02/2021 19:43

I am a litigant in person. The defendant is represented and I'm finding it hard to understand what his solicitors keep accusing me of. This is much more complicated than I ever expected!

It's exhausting. It's a building dispute and he has submitted in excess of 180 pages of evidence! His favourite tactic is to suggest I'm exaggerating or lying, meaning I am just constantly defending myself rather than getting my point across. It feels like it just undermines my argument and leaves me always defending myself.

Any advice? I get ridiculously nervous and anxious.

What's the best way to get my point across? What are the best tactics for the hearing? Help!

OP posts:
prh47bridge · 07/02/2021 23:41

You don't need to respond to every single point he makes. You should ignore any personal attacks or anything that is not relevant to the issues the court will need to resolve. If you have evidence to support your claims, you don't need to respond to accusations that you are lying or exaggerating. Let the evidence speak for itself. Don't let him get to you.

NoPrivateSpy · 08/02/2021 22:20

Thank you so much for the response, prh

That makes sense and is exactly how I would respond in normal life! For some reason, I get really confused when it comes to the claims process because he latches on to my lack of denial as evidence that what he is saying is correct. And that throws me a bit.

It's so frustrating!

The last judge was really good and just cut through it all to get to the facts. The first judge was far more accommodating of him though.

I keep reminding myself that they've seen it all before though.

OP posts:
Masterpieceontheshelf · 08/02/2021 22:33

I have no advice, just wanted to wish you good luck!

NoPrivateSpy · 09/02/2021 07:56

Ohh, thank you masterpiece.

That's very kind. We'll see if it gets to the final hearing as they have just filed an application to get it struck out based on my lying, apparently.

You wouldn't believe the case is over a few grand. Feels totally disproportionate.

OP posts:
anxiousavo · 09/02/2021 18:24

Best of luck OP! My old builders are proving nightmarish too and I'm keen to avoid going down the court route (SC or otherwise) as I can't deal with any more aggro

NoPrivateSpy · 10/02/2021 13:49

Oh yes anxious. Would highly recommend not doing it unless you absolutely have to!

My builder is special case though. I can't imagine very many people behave like this.

OP posts:
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