Small claim. Will I really have to pay for their solicitor? (Scared!)

[LostInABlizzard]

I've made a claim against a company for £10,000. They have a solicitor representing them in their defence. I can't afford a solicitor and when I started this I was following guidance which stated that for a small claim, no legal costs will be awarded to either side no matter who wins/loses the claim.

They have just made me an offer to settle (for £5000) and the offer letter states that if I refuse it I will be seen as unreasonable and the court will "in all likelihood" make me pay their legal fees.

I thought they were just trying to scare me but then I found this article dated September 2020 that states:

"Exceptions to the Small Claims Costs Rules
Where the parties consented to a claim being allocated to the small claims track, although its financial value exceeded £5000, the rules on costs are different. The judge will be able to make the same order for costs as if the claim had been dealt with on the fast track (broadly speaking this covers claims with a financial value of between £5000 and £15,000). While these costs are still limited they are substantially more than could be awarded on the small claims track."

Does this mean that I could in fact have to pay for their solicitor? They are being represented by one of the partners in the legal firm they are using. This could ruin me financially as I don't have much in savings.

I did consult a solicitor a year ago when this issue arose, and was told I have a good case, but his fees mounted up so quickly that I had to stop using him. I haven't included those fees in my claim as I wanted to keep it under £10,000 so it would be a small claim, for that very reason.

I'd be grateful for any advice or reassurance if anyone knows about this, or can point me to the relevant rules. I've looked at the Civil Procedure Rules but can't find anything to confirm what it says in the article.

Could you contact citizens advice snd see if they can advise on pros and cons?

partyatthepalace Yes, thanks. I will contact them when they reopen on Tuesday.

Hello. I am going through a small claim myself at the moment.

I am using smallclaimsadviser.co.uk. He really is great and has taken a lot of the pressure off me.

@LostInABlizzard

Elieza There is a time limit but the deadline isn't imminent.

@Chocolatetrifle Thank you. Can the written request be a letter to their solicitor? And then if they don't comply would I need to make an application to the court for disclosure?
How much time should I give them to comply before making the court application?

Yes, write to the solicitor and also the company to request the documents. As the solicitors see more of your evidence (correcting factual errors and documentation) they will reassess their advice.

I would clearly state in the letter that they have 10 working days to respond or you will make a court application.

I take great offence to the suggestion that I am advertising my services. I have reported your post @TheQueef.

It is very stressful going through Small Claims, even though it is supposed to be easy.

I have had different opinions from solicitors, CAB and Which Legal. I have also paid out a lot of money to solicitors and expert witnesses which I won't get back. I did nothing wrong, and feel incredibly upset by the whole thing.

I found smallclaimsadviser online and he honestly is fabulous. I was a bit doubtful at first but then I have been given incorrect advice and paid £500 to a solicitor in the past. He has taken a lot of pressure off me.

Margaritatime Thank you—I will do that.

Movinghouseatlast Out of interest, how much is your claim worth and how much have you paid the advisor?

It is the opposite for me. I am being sued for £5,000 by a cowboy builder. It will cost me 4 times that to put his dreadful work right.

I paid him to do my defence which was £75 I think, witness statement was £50. I am going to get him to represent me in court which will be £120.

Like you I just had to stop with the solicitor. It was £3000 just to set the case up and that was just the start.

It seems that without a lot of legal knowledge it is really hard to get Small Claims right. The guy I am using is also a Mackenzie Friend, he seems to have a lot of knowledge although he is not a qualified solicitor.

This whole thing has taken over my life and has been so awful.

Sorry, when I say paid him, I mean I paid the small claims adviser.

Margaritastime If it comes to it, which Court application should I use or do I just write a letter to the court?

If you have already issued proceedings then directions will be given as to when discovery should take place.

Do write back and refute the details, provide evidence and request the missing documents. Hopefully all this communication can then be used in court.

Also would be worth checking law schools at universities in your local area as many offer a Law Clinic, where students under the supervision of their professors help out for free with exactly these types of cases.

WellIWasIn You're right! I've just found out there is a Law Clinic attached to the local university! Hopefully as my case is a bit iteresting, one of the students will be keen to advise me.

interesting

@WellIWasInTheNeighbourhoo

Do write back and refute the details, provide evidence and request the missing documents. Hopefully all this communication can then be used in court.

Also would be worth checking law schools at universities in your local area as many offer a Law Clinic, where students under the supervision of their professors help out for free with exactly these types of cases.

Pretty certain this person has had no legal training whatsoever!

You already have proceedings underway so follow the court procedure as to how you conduct the case

I would also recommend posting on the legal advice Reddit, it’s much more active than here and I reckon they’d be able to answer your questions about the process. There’s lots of success stories there - I enjoy lurking

I think the other party are trying to scare you into settling. Never take legal advice from the other party as they don’t have your best interests at heart! Hope it all goes well for you, I’m rooting for you to get the full £10k.

I’ve used David Carrod of small claims advisor before. He swore I had a great case, quoted loads of legal stuff, etc. He actually came and represented in court (not small claims but not criminal, was to do with parking tickets). He said case was black and white and we couldn’t lose. Well we lost. Just be careful.

mooonstone Thanks—me too!

CovidCorvid Good to know, Thank you.

SeasonFinale Yes procedings are underway. The hearing has been stayed to allow for mediation.

How is it going OP? When is the next step happening?

A quick update... they made an offer I couldn't refuse just a few days before the hearing! They dragged it out for as long as they could and tried to bluff me several times into accepting a low offer… creeps through and through.

The offer was 1k less than my claim but I'm counting it as a win as I didn't have to go to court or submit any documents.

The law clinic wasn't interested, unfortunately, so I would have been on my own. Citizens' Advice was very helpful though. I was actually starting to feel well up for a fight when their offer arrived but the thought of having my life back was too tempting.

Thanks to all of you for the most helpful advice.

Glad you got a good result OP.

You must be very relieved to be able to put this behind you now.

Thanks vajingle. Yes, glad to see the back of it!
I'm treating myself and my three best friends to a spa day and then will put the rest of the money towards my mortgage.

What a fantastic update. You should be really pleased with yourself.

Thanks Trolls. In the back of my mind there's a niggling thought that I could have held out for the full amount, but when faced with spending several days compiling all the documents I went for the "easy" option.

That wasn’t the easy option it was the very sensible option. I think you did really well.