please can you help me file a small claim?

[Tortington]

i want to take my council to court. i understand that this is now arbitration before a judge - that sounds great.

but i can't for the life of me find any forms online - or anyway to to go about doing this.

if anyone can give more info

thanks

looking at www.moneyclaim.gov.uk it says that gov epartments cannot be sued - is this the council also? - oits not is it

I'm sure my aunt sued her local council when she fell against a bollard at night that was missing its reflective strips.

Is there anything on here?

What do you want to take them to court for? If it's a monetary claim, you can just use the small claims court forms.

I think you might need to go to court to find the forms.

go to your local court, the office will talk you through it.

what do you want to take them to court for?

the roots of their tree has damaged he all of my dead mothers house.

after cutting down the tree they told me to get a couple of quotes, they then sent me a letter saying they want soil samples and some kind of v. expensive analysis and that they accempt no liability

after speaking to a solicitor - he told me to go through small claims thats its pretty easy, but for the amount i am looking for £3K , IF I got a solicitor, the costs would he prohibitive.

i think the council are banking on this, their tree damaged the god damned wall ffs and i want them to pay.

after reading up a litle bit on the courts website, you can do an online claim HMCS money claims online.

the touble is the court is 300 miles away from where i live - so i can't just pop in.

anyone got any advice - i have no idea what i am doing

the wall*

You can go into your local court to get the forms and issue from there. If you do it online, then it is issued from a particular court which deals with mass summonses and online stuff.

If you issue from your local court, the matter will be dealt with there unless the council submit a defence when the matter will automatically be transferred to their local court.

moneyclaim online is for quantified debts which haven't been paid (eg unpaid invoices). You are claiming for damages so moneyclaim online isn't possible. You need to do as freckle says, and go into your local court, get small claims forms and fill them in.
There will be a fee to pay dependent on the amount you are claiming.
I would strongly advise that you set out the details of your claim and write a letter to the council asking for the money, and telling them that if you don't get it in (eg) 14 days you will take further action. Judges like to see that the defendent has been given a chance to pay up, and been warned of impending proceedings.

It should stay in your home court - Freckles reference to cases being automatically transferred to the defendant's home court only applies where the defendant is an individual. A litigant in person v the council will stay in the litigant in person's home court. WHich is probably the same as your local council's home court anyway (stands to reason).

Is that right, PPH, re the transfer to defendant's home court only applying to individuals? I have had cases where the plaintiff is pursuing a company and that has been transferred when a defence has been submitted. Maybe it's staff applying the rules without looking at the identity of the defendant.

so it will be my local court, rather than the councils local court ( 300 miles away) even thought ehe damage occured 300 miles away?

will go into local court. thank you so much for your advice - when i get the forms and get stuck - as i probably will, i will be asking for your help!

Yes Freckle. Automatic transfer under CPR 26.2 only if defendant is an individual.
Of course court can also transfer under CPR 30.3 if, amongst other things, it would be more convenient or fair for it to be heard in some other court, but in the case of a LIP v a council, it wouldn't be.
And it isn't staff who do it, generally the decision is taken by a judge at allocation as part of their boxwork....

sorry I've bored myself to sleep, can't imagine what I've done to all you lot

LOL! All useful information being filed away (although brain will probably not retrieve it when necessary).

ok another question,

this saga has been going on over a yer, this is mainly due to my incompetance and also becuase i hoped the house would sell and iwouldnt have to deal with it.

i have asked the solcitors via e-mail three times if i can have copies of the correspondance, are they obliged to give it to me, i have moved since this first started and i am rubbish with keeping paperwork.

If you don't owe them any money, then you are entitled to have copies of your entire file - although they may charge for photocopying.

whose solicitors? freck is right if they are your solicitors, but I thought you said you didn't have any? If you are talking about the council's solicitors or the solicitors for your mum's estate, then you can't demand copies of anything but you can ask and they may give them to you if you pay for photocopying.

If it is the council's solicitors, then they should send you copies of everything relevant once you have started proceedings as part of a process called "discovery". Mind you if it is correspondence addressed to you, they may feel that you don't need it, so again I would ask for it specifically.

thanks, they send me a really snotty e-mail and said i hav to put it in writing.

so will do that today

perhaps silly question but are you sure not covered on buildings insurance for this? we had a problem in a previous house with subsidence caused by neighbour's tree and buildings insurance covered us for suing them (we didnt have to in the end as they gave in and chopped it down)
have also used small claims court before to reclaim deposit an old landlord illegally held onto - it took a while and a lot of form filling but well wroth it as he coughed up instantly. citizens advice bureau will help you fill out your application i think