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How long should should I wait to take them to to the small claims court and do I have

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    #11
    Originally posted by Isla View Post
    Maybe i was a bit naive. I thought i would just go to the small claims court and represent myself. The court would decide and that would be that.
    This is the idea of the small claims court. Less costs. Seems you have a very strong case. Go for it!

    For more senior courts, not having a lawyer is quite risky. I represented myself in the divorce courts. Judges did not like it. I still won anyway.

    Second thoughts - the reason I won is I used a https://en.wikipedia.org/wiki/McKenzie_friend . Is there anyone you know who could come along and just help you a bit? Sometimes just talking through your case with someone else ( https://en.wikipedia.org/wiki/Rubber_duck_debugging ) can help.

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      #12
      Originally posted by Old Greg View Post
      For clarification, are you working through an agency or other intermediary, or directly with the end client?
      directly with the client

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        #13
        Originally posted by Isla View Post
        directly with the client
        Thanks. Should have asked this first time. Are you working via your own Ltd, or a brolly or something else (e.g. direct on client payroll)?

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          #14
          Originally posted by Old Greg View Post
          Thanks. Should have asked this first time. Are you working via your own Ltd, or a brolly or something else (e.g. direct on client payroll)?
          own ltd

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            #15
            Originally posted by Isla View Post
            Maybe i was a bit naive. I thought i would just go to the small claims court and represent myself. The court would decide and that would be that.
            In a small claims court you cannot claim costs so DON'T get lawyered up. Make sure all your documents are clear, and that they paint a picture of you doing what you agreed to do and some evidence that you did it (timesheet's a good start). You'll need to submit a pack of evidence t the court that will be shared with the opposing party, and anything they submit will be shared with you. Make sure you submit everything you have.

            Pay the fee and get the court date set.
            Even if you lose they can't counter claim costs so you have little to lose.

            When you start in court tell the Judge that you're a lay person and then lay out what happened and refer to each piece of evidence as you paint your picture.
            It'll take 2 hours probably.

            I've been in the situation once and the judge just read documents and evidence in plain English. In that situation he found that as the contract didn't list what had to be delivered then no delivery of anything was required and the invoiced amount had to be paid (timesheets are proof in the absence of any contracted deliverables).

            IANAL.
            See You Next Tuesday

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              #16
              Originally posted by Isla View Post
              Maybe i was a bit naive. I thought i would just go to the small claims court and represent myself. The court would decide and that would be that.
              Maybe give Judge Rinder a go

              Comment


                #17
                Originally posted by Lance View Post
                In a small claims court you cannot claim costs so DON'T get lawyered up. Make sure all your documents are clear, and that they paint a picture of you doing what you agreed to do and some evidence that you did it (timesheet's a good start). You'll need to submit a pack of evidence t the court that will be shared with the opposing party, and anything they submit will be shared with you. Make sure you submit everything you have.

                Pay the fee and get the court date set.
                Even if you lose they can't counter claim costs so you have little to lose.

                When you start in court tell the Judge that you're a lay person and then lay out what happened and refer to each piece of evidence as you paint your picture.
                It'll take 2 hours probably.

                I've been in the situation once and the judge just read documents and evidence in plain English. In that situation he found that as the contract didn't list what had to be delivered then no delivery of anything was required and the invoiced amount had to be paid (timesheets are proof in the absence of any contracted deliverables).

                IANAL.
                Exactly. I seriously doubt a multi national will contest this. The bigger and more well known, the less likely it will defend itself. They seriously hate publicity in the courts. Go for it.
                Public Service Posting by the BBC - Bloggs Bulls**t Corp.
                Officially CUK certified - Thick as f**k.

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                  #18
                  Thanks all, much appreciated. Does anyone know if a email is valid in a small claims court?

                  Comment


                    #19
                    Originally posted by Isla View Post
                    Thanks all, much appreciated. Does anyone know if a email is valid in a small claims court?
                    As evidence? Yes.
                    Public Service Posting by the BBC - Bloggs Bulls**t Corp.
                    Officially CUK certified - Thick as f**k.

                    Comment


                      #20
                      Originally posted by Fred Bloggs View Post
                      As evidence? Yes.
                      But they can be contested so it is probably sensible to read up on authentication of them to establish that what is stated as being sent indeed was.

                      This might be a starter:-

                      Email as court evidence

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