Small claims hearing

[gav525]

Anyone any experience of small claims court hearings before?

Long story short we took action against a company who refused to return the VAT money during the house build, even after HMRC told them to in writing.

Court date is set for next week and we have sent in all the evidence as requested by the courts.

To me it all looks very straightforward and is a waste of time and money going to court. Is there a chance that they look at our evidence, decide its a clear cut case and then just find the case in our favour and make the company pay without us having to attend the court?

I phoned the court but all the really helpful woman would say to me was "I cannot advise on that" over and over again ffs

 

[Boabybooster]

Attend, odds on the other company won't, if they don't the court will rule in your favour anyway and order them to pay. Basically like a ccj. If HMRC are my saying for them to pay they won't win. I think the company gets their name published in the papers in the court section as well.

 

[Wild Thing]

Gav, you will need to attend, its all very casual, I though it would be like judge judy or judge rindler, stand up say your bit under oath and sit down again. I was totally wrong, there are about 20 other cases in front of the judge and you are in the room like a classroom with tables. Judge addresses all claimaints / defendents, then chases you outside into a lobby to talk to the people you are claiming against to try and reach a solution, no solution then you sit back in class and everyone else hears your problems, if you are a busy body it would be a brilliant day out. As rob says if they dont turn up it goes against them, but the frustrating thing appears to be its a 3 strike rule, you may have to go back on other dates up to 3 times before the judge will rule a ccj. The judge will tell you themselves, its a mediation service they provide. Its nothing to panic about, just have all the facts, dates etc and all will be good

 

[neil-c]

Definitely attend and represent yourself. If you have a letter from HMRC saying that they are in the wrong then you dont need to pay someone to say your bit for you. Good luck!

 

[gav525]

Cheers all for the responses

Only annoying thing is ive been called away to work so the wife is having to go alone which she wasn't keen on. I'll maybe get her dad to go with her. We weren't going down the solicitor/lawyer route anyways as the case is very clear cut.

Frustrating as the company were being responsive enough at the beginning and seemed to cooperate with us, then just started ignoring us altogether. Shame for a small company that provided us with a good product/service to end up like this.

Actually a wee bit annoyed that I have to work now, sounds like a good day out, especially as I know we are in the right lol

 

[Wild Thing]

Your good ladies dad can even speak on her behalf or in conjunction, like I said all very casual. Maybe the company you are dealing with is in financial difficulties and no money to pay, if it building related they all appear to walk on a tightrope

 

[gav525]

Your good ladies dad can even speak on her behalf or in conjunction, like I said all very casual. Maybe the company you are dealing with is in financial difficulties and no money to pay, if it building related they all appear to walk on a tightrope

Ah that's good then, I'll send him down as I'm sure he'll enjoy it also.

Financial difficulties had crossed our mind but the shop is still open and they have a stand at the self build show in a couple of weeks.
They only owe us £540, but the fact that it's our money is why we're doing this. That kind of money would get me a smaller pulley and cam for the Mini

 

[davey-dimples]

Gav, you will need to attend, its all very casual, I though it would be like judge judy or judge rindler, stand up say your bit under oath and sit down again. I was totally wrong, there are about 20 other cases in front of the judge and you are in the room like a classroom with tables. Judge addresses all claimaints / defendents, then chases you outside into a lobby to talk to the people you are claiming against to try and reach a solution, no solution then you sit back in class and everyone else hears your problems, if you are a busy body it would be a brilliant day out. As rob says if they dont turn up it goes against them, but the frustrating thing appears to be its a 3 strike rule, you may have to go back on other dates up to 3 times before the judge will rule a ccj. The judge will tell you themselves, its a mediation service they provide. Its nothing to panic about, just have all the facts, dates etc and all will be good

That sounds exactly like Judge Rinder/Judie lol

 

[Terry]

If you have the time then it can help to put all the times / dates and correspondence or activity into a simple timeline, something that takes up a single page that's easy for the judge to glance at (Microsoft Exel is useful for it).

Stick a reference number on each entry and put the same on a post-it (or similar) on each document / letter / email or notes and you're 90% of the way there without your other half needing to speak.

Good luck, although doesn't sound like you'll need it.

 

[KyleR]

Hopefully the company doesn't get sold to a neighbours dog and change their name! You see this kind of thing in the baliffs shows on tv and the CCJ can't be enforced due to the company being dissolved.

 

[Pumesta]

Some words of wisdom lol

 

[Graham]

I had a company take me to small claims, I showed up with diary of dates and all paperwork, the other party rang in sick the morning of the hearing.

That was a bad move as they were ordered to pay me £50-80 expenses for wasting my time as well as to provide a medic certificate to prove their terrible sickness that stopped them appearing.

I never did get my expenses in all fairness but they did pull their case. I had a paper trail of evidence and a diary to back up my case and as such they had no chance.

But yes, you MUST be there as most of the time the defendant never shows when they are guilty. If your wife is going I'd say take her father on the off chance the company do show up as it could cause lots if stress and nerves that may lead her to not thinking right.

 

[NotKG]

we need Writ's like for the Sheriff's in England.
give a company a writ here it goes in the bin,
you may be better deleting this post and knifing all their side walls week after week to you feel better rather than go to court. you may just be banging your head off the wall your throwing money at.
#nofaithinnijustice

 

[cupraricky]

If it's small claims court, as far as I know even if the other side is found to b at fault you won't necessarily see any money. I can't remember the full ins and out but the small claims system doesn't/can't force repayment.

 

[gav525]

If it's small claims court, as far as I know even if the other side is found to b at fault you won't necessarily see any money. I can't remember the full ins and out but the small claims system doesn't/can't force repayment.

I'm hoping as HMRC has ruled in our favour and told them to lay the money that if they don't pay then surely they'll be in trouble with the tax man for keeping VAT money they weren't entitled to.

Its this Wednesday though so hopefully all goes well for the wife. We received their counter arguement evidence in the post a few days ago and I think our HMRC letters stand us in better favour than their wee note from their accountant lol.

 

[gav525]

Just to update this wife went today and had a great day lol. She got to hear some great gossip about the other cases!

Judge ruled immediately in our favour and gave the company the option to pay us amicably by next week. If they don't pay, a ccj will be issued which wouldn't be good for them.

To be fair the company turned up and the wife had a good friendly enough chat with them and they even said they guessed it was going to go against them but they're not sure how to go about claiming the VAT money back from HMRC etc so weren't in a position to pay us. Not our problem lol, just give us our money!

Raging I missed it now!

 

[Terry]

Happy days and I'm sure if they have any sense then they'll pay up before the CCJ is issued.

 

[Wild Thing]

Feck must not have avery good revenue stream if they cant pay the small amount they owe you. I fear you will never see the doe ray me. Told ya it was an interesting day out!

 

[Porter]

Great news

 

[Graham]

Just to update this wife went today and had a great day lol. She got to hear some great gossip about the other cases!

Judge ruled immediately in our favour and gave the company the option to pay us amicably by next week. If they don't pay, a ccj will be issued which wouldn't be good for them.

To be fair the company turned up and the wife had a good friendly enough chat with them and they even said they guessed it was going to go against them but they're not sure how to go about claiming the VAT money back from HMRC etc so weren't in a position to pay us. Not our problem lol, just give us our money!

Raging I missed it now!

Dont expect to get it easily though, they can drip you a quid a month for the next century and get away with it

Fingers.crossed it comes in one lump asap

 

[gav525]

Full amount plus court fees paid into our bank account today....case closed