Small claims court - write your own letter before action or pay a solicitor? And do witnesses need to attend?

[Blackcats7]

I am about to pursue a neighbour for costs resulting from her actions and am wondering whether it is at all helpful to pay a solicitor to write the letter before action?
I am not sure if this would be useful in putting the claim into concise legal wording. Cost would be about £300 so I will do it if needed but would appreciate hearing others views or experiences please.
I don’t hold out much (if any) hope that the neighbour will pay up unless the judge orders it so I know we will end up in court solicitors letter or not.
I have had to get my solicitor to write to her before and she did her best to ignore it although I managed to achieve what was needed with police support.
As regards attending court I have a file of evidence including two important witness statements. Do I need to ask these witnesses to come with me in case the judge wants to question them or will their statements be sufficient?
Neighbour is a complete DARVO ( so glad I recently learned this term thanks to mumsnet as it fits her like a glove) and I fully expect her to be furious and ranting absolute nonsense and outright lies as normal.

If you can write your own keeping it tightly to the facts and complying with the procedural requirements I don't think you need to pay a Solicitor. There are plenty of templates on the web.

The usual caution around small claims is around the propensity of defendants to ignore them causing the claimant to incur further costs, often abortive, in trying to get blood from a stone.

The process, were it to come to hearing, is relatively informal. If you need witnesses you can bring them along but you'll need to explain in advance who they are, broadly what they will say etc.

@Bromptotoo thank you.
Would the judge prefer to be able to speak to the witnesses rather than just read their statements? I suppose I worry if the judge could think the statements are hearsay and that I could even have fabricated them if the witnesses aren’t there in person but I don’t want to take up the witnesses time to attend court unless it is really necessary.
From my perspective I would really feel better if they do come along as my neighbour is very likely to try her best to twist anything and everything and both the witnesses have seen her in action so will give her short shrift. To those who haven’t experienced her behaviour she can seem like a quiet little older lady but this is far from the truth.

Definitely write your own. You won't be able to claim any solicitors costs back from the defendant even if you win. Which? have a useful template at Letter before small claims court claim - Which?

Only include witness statements if they are essential. Anyone providing a witness statement needs to attend the hearing so that they can be cross examined.

I'd get the process under way with the letter before action and then issue your claim. She might pay at that point. Or if she files a defence you'll be sent a copy.

I'd let it get that far and see how it's panning out before worrying too much about the detail of the hearing.

The government website is a useful primer on the process:

https://www.gov.uk/make-court-claim-for-money/what-happens-at-the-hearing

CJC have also produced a guide:

https://www.judiciary.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other+papers/Small+Claims+Guide+for+web+FINAL.pdf

Thank you @Bromptotoo @prh47bridge
I would bet my house she won't pay unless forced to do so.
The witness statements are pretty essential. I have other supporting statements not as essential which illustrate her bizarre behaviour and actions but I can't drag everyone in with me so will stick to the two I think are most important.
She may well still try to avoid paying if the judge orders it but I will cross that bridge when I come to it.
I had really thought of not bothering with a claim as the stress of it all is huge and I have serious health issues and would much prefer a quiet life but I need the money back plus I don't think this neighbour will ever change not matter how much I try for peace. In fact I think getting away with stuff has made her worse so perhaps consequences might help where polite requests have failed.

Have you offered mediation? Your neighbour sounds like she'd refuse but judges do expect efforts to negotiate to be made (you can get formal mediation through the court).

I would write your own letter before claim. I would not include the WS but you can state that you have witnesses and what they will say. You can also draft your own particulars of claim - you cannot claim costs back in small claims court so unless it is top value for small claims court (£10,000) and/or particularly complex I would draft yourself. You will eventually be given directions from the court which will include a direction for exchanging WS. That is the time to serve them. Your witness definitely need to attend court or no weight is likely to be attached to their evidence (if judge even allows them to be considered).

@impressivelycunty I have been through mediation (after being referred by the police) with her. She had no intention to reach any agreement at all and only used the opportunity to vent her spleen. It was useful though because during her rants she tripped herself up into admitting things she had previously denied. With much pushing from the mediator (and her boyfriend) she grudging agreed I could go into her garden to discuss part of the issue but went back on this after the mediation so I was then forced to use a solicitor and the police to do what was needed. The mediator tried to get her to agree at least 50/50 on costs but she was having none of it and said she couldn't afford it due to the cost of living crisis. She has just bought a brand new car and owns her property outright.
I am prepared to try mediation if the judge insists but I feel there is no point given her behaviour at previous mediation. I had even contacted the mediator after the neighbour reneged on her word and the mediator's comment was that mediation cannot help if one party is determined to be as awkward as possible.
@Verite1 that is helpful info regarding the witness statements. She is not going to be a happy camper when she reads them but that can't be helped.

As you've already tried mediation and it's gone badly, I think you'll find the judge sympathetic. I think doing your own letter before action is fine - stick to the facts and be clear - you sound pretty level headed and reasonable and she does not!