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Original poster

HELP - Small Claims Court tomorrow

28 replies

Uhoh1912 · 18/12/2022 16:29

Please help! Any advice or experience appreciated.

DH and I have to go to small claims court tomorrow. However, we have ignored the whole thing - not submitted documents or paid the court fees. Basically stuck our heads in the sand.

We don’t know whether to attend or whether it is too late to do anything and the decision will have already been made as we haven’t done what we should have done.

The one thing that is on our side is that when the other side made the claim, it went to mediation. We got everything ready for that and spoke to the mediator but the claimant didn’t answer the phone. (This also resulted in the claim being moved to a court that is only 30mins rather than 3hrs away from us)

We do owe some money but not the amount that is being claimed.
They haven’t given any proof, paperwork, receipts etc to back up their claims.

I did explain this in our original online response, in which I was as thorough as possible.

TLDR
We haven’t submitted what we should have in advance of court date. Is it worth attending?

OP posts:
Threadkillacilla · 18/12/2022 16:32

If you don't attend then a judgement will be made against you for the full amount. Attend, it's in your interest .

HerLadySheep · 18/12/2022 16:33

Go and take everything you have with you. If, as you say the Claimant has submitted no proof, and they do not attend then you must ask the Judge to find in your favour. You have nothing to lose at the point.

Forestdweller11 · 18/12/2022 16:34

Yes attend

HaveYouSeenNancy · 18/12/2022 16:43

Definitely attend. I was in a similar situation a few months ago and the case was dismissed. It only took 5 minutes and was because the claimant had sent some documents to the property the issue was over, instead of my correspondence address (despite me owning both properties). The onus is on the claimant more than the defendant and you have nothing to lose by going, especially if they haven't got the necessary receipts etc.

HaveYouSeenNancy · 18/12/2022 16:46

Just wanted to add; if they weren't available for mediation there is a strong possibility they won't turn up, especially if it was moved to a court nearer your home. But go, just in case.

AlisonDonut · 18/12/2022 16:48

Go and spend this evening gathering all the paperwork for your argument.

Butitsnotfunnyisititsserious · 18/12/2022 16:50

I would go. Why have you not paid the money you owe?

OldWivesTale · 18/12/2022 16:52

Why haven't you paid them?

ohioriver · 18/12/2022 16:53

Attend with your evidence.

Original poster
Uhoh1912 · 18/12/2022 16:57

Thanks everyone.
That’s really helpful to hear.
I will do as suggested and get everything in order on our side.

We haven’t paid what we owe as we would like proof of what it actually is rather than them just making up a number.

I have acknowledged in our response to the claim that we owe something.

Should I copy things so I can give out extra sets?

OP posts:
Facecream · 18/12/2022 17:01

Is it a case management hearing?

Oblomov22 · 18/12/2022 17:05

Do you really need to ask? Are you dumb? I can't believe you are so stupid to not submit your evidence. Take all your documents with you and go to court FGS. Hmm

mumda · 18/12/2022 17:06

If they have not supported their claim then it'll be thrown out. You do need to go though.

You must go!

Original poster
Uhoh1912 · 18/12/2022 17:13

Oblomov22 · 18/12/2022 17:05

Do you really need to ask? Are you dumb? I can't believe you are so stupid to not submit your evidence. Take all your documents with you and go to court FGS. Hmm

Thanks for that. Really helpful
🙄

OP posts:
Original poster
Uhoh1912 · 18/12/2022 17:18

Facecream · 18/12/2022 17:01

Is it a case management hearing?

I’m not sure @Facecream
I’ll check the paperwork.
Does it make a difference?

OP posts:
FirstnameSuesecondnamePerb · 18/12/2022 17:28

Oh go. If they didn't turn up to arbitration, they may not turn up to court!

fedupofthiscoldffs · 18/12/2022 18:30

The court fee isn't payable by you at this stage anyway.
Just turn up

Original poster
Uhoh1912 · 18/12/2022 19:28

@fedupofthiscoldffs
That’s a relief.
I think I’d better double-check what is addressed to us and what is our copy of letters to them in that case.
Thanks

OP posts:
fedupofthiscoldffs · 18/12/2022 20:21

Uhoh1912 · 18/12/2022 19:28

@fedupofthiscoldffs
That’s a relief.
I think I’d better double-check what is addressed to us and what is our copy of letters to them in that case.
Thanks

The claimant has to pay to get it issued

Original poster
Uhoh1912 · 18/12/2022 21:41

@fedupofthiscoldffs
I see that now. And obviously it makes complete sense.
Thanks

OP posts:
fedupofthiscoldffs · 18/12/2022 21:42

Uhoh1912 · 18/12/2022 21:41

@fedupofthiscoldffs
I see that now. And obviously it makes complete sense.
Thanks

No problem. Hope it goes well. Good luck

Original poster
Uhoh1912 · 18/12/2022 21:44

Thank you.
Que sera, sera.
And a lesson learnt not to ignore important things!

OP posts:
NCforthis111 · 18/12/2022 21:47

You should go! Otherwise judgement can be entered against you in your absence.

Use tonight to scrape together any evidence of what you think you owe in comparison with the claimant's claim against you.

It's their job to prove the claim, not yours to disprove.

IsItaCowIsItaPlane · 19/12/2022 18:21

How did it go OP?

Original poster
Uhoh1912 · 19/12/2022 23:54

Meant to update earlier.
I got completely prepared and we went to court, only to discover that the claimant hadn’t paid the hearing fee so the claim had been struck off.
They'd sent us a letter last week but, obviously, we hadn’t received that.

Thanks very much to everyone for your input and support.
Obviously the whole thing isn’t over yet as we still need to work out what we do owe but it’s great not to have this hanging over us.

OP posts: