Small claims form question

[Lance]

Apparently it is not any more.

So they don't know what they are doing. You aren't doing so well yourself to be fair.


No, you turn up, tell the judge you want 13k and let him find out himself you've already pocketed 12,400 of it. See how happy he is at that. Honestly....

Oh they will happy OK. at £400 an hour they'll take anything on. Is it worth it to you is the question.

Fair enough if you want to follow this up on principle but you can't be so hell bent on it that you've completely lost your common sense. Not telling a court you've settled for most of it and thinking a lawyer will be interested in a £600 case is just not very smart is it. You are gonna end up spending more than that and potentially getting the case kicked out if you don't wake up.

not to mention that if in Fast Track incorrectly, when it should be in small claims could result in costs not being awarded. Making the entire thing a very expensive loss.
The agent will piss their pants with laughter and consider £600 a bargain for the fun.

[northernladuk]

Hi Lance,

I have only been to court once before, small claims, but it didn't seem this complicated. I think it is because the claim is over £10k.

Apparently it is not any more.

I have a problem though, in that the company owing me money, despite having ticked the box saying the despute the entire claim, have actually paid most of the claim now. They actually sent in the form saying they disputed it, *after* paying it!

So they don't know what they are doing. You aren't doing so well yourself to be fair.

Anyway, it means that a £13k claim is now a £600 claim (though £13 000 still disputed), but still allocated to fast-track. Should I notify the court of this? Maybe that's the way forward?

No, you turn up, tell the judge you want 13k and let him find out himself you've already pocketed 12,400 of it. See how happy he is at that. Honestly....

If not, I'm happy to speak to a lawyer, whether they are happy taking on a £600 pound claim, I will just have to see.

Thanks

Oh they will happy OK. at £400 an hour they'll take anything on. Is it worth it to you is the question.

Fair enough if you want to follow this up on principle but you can't be so hell bent on it that you've completely lost your common sense. Not telling a court you've settled for most of it and thinking a lawyer will be interested in a £600 case is just not very smart is it. You are gonna end up spending more than that and potentially getting the case kicked out if you don't wake up.

[ladymuck]

Sometimes you do have to do things on principle. I completely understand that. At the very least there's some satisfaction to be gained by causing the agency a bit of hassle.

Even more fun if the judgement goes in your favour, the agency ignore it, and you can issue a winding up order

[northernladuk]

No thanks, there is sadly a principle in this (as per other thread), as they keep paying me (and my colleagues) months late claiming thay never have to pay people if they don't feel like it. Someone needs to stop them.

And why on earth would I donate £600 to a criminal company anyway? Really?

You are taking your current agency/client to court for £600 based on principle? As frustrating as it is that just isn't how the world works I am afraid, particularly the legal world.

What is right and what is possible in these situations is a very different thing.

[Lance]

No thanks, there is sadly a principle in this (as per other thread), as they keep paying me (and my colleagues) months late claiming thay never have to pay people if they don't feel like it. Someone needs to stop them.

And why on earth would I donate £600 to a criminal company anyway? Really?

chase it if you want but you'll look dumb if you go Fast Track for a £600 claim.
Small Claims track for this.

Or. Increase your rate by 10% to cover losses incurred due to bad faith.

[eek]

No thanks, there is sadly a principle in this (as per other thread), as they keep paying me (and my colleagues) months late claiming thay never have to pay people if they don't feel like it. Someone needs to stop them.

And why on earth would I donate £600 to a criminal company anyway? Really?

Because it will cost you more than £600 and even though I’m one for things being black and white in this case it’s really, really not worth it

[morsing]

For £600????? Just write it off... Life's too short IMO.

No thanks, there is sadly a principle in this (as per other thread), as they keep paying me (and my colleagues) months late claiming thay never have to pay people if they don't feel like it. Someone needs to stop them.

And why on earth would I donate £600 to a criminal company anyway? Really?

[eek]

+1

95% recovered - I really, really really wouldn't be chasing up the rest.

Heck the fact you haven't got all the money shows you are in business on your own account and can show a loss.

[Lance]

Hi Lance,

I have only been to court once before, small claims, but it didn't seem this complicated. I think it is because the claim is over £10k.

I have a problem though, in that the company owing me money, despite having ticked the box saying the despute the entire claim, have actually paid most of the claim now. They actually sent in the form saying they disputed it, *after* paying it!

Anyway, it means that a £13k claim is now a £600 claim (though £13 000 still disputed), but still allocated to fast-track. Should I notify the court of this? Maybe that's the way forward?

If not, I'm happy to speak to a lawyer, whether they are happy taking on a £600 pound claim, I will just have to see.

Thanks

errr.... I dunno. I'm not a lawyer,

It is possible to transfer from fast track to small claims, and that may allow costs to be claimed (or it may not depending on details, and that's what happened when I was there. It's complex.....).

For £600????? Just write it off... Life's too short IMO.

[morsing]

Hi Lance,

I have only been to court once before, small claims, but it didn't seem this complicated. I think it is because the claim is over £10k.

I have a problem though, in that the company owing me money, despite having ticked the box saying the despute the entire claim, have actually paid most of the claim now. They actually sent in the form saying they disputed it, *after* paying it!

Anyway, it means that a £13k claim is now a £600 claim (though £13 000 still disputed), but still allocated to fast-track. Should I notify the court of this? Maybe that's the way forward?

If not, I'm happy to speak to a lawyer, whether they are happy taking on a £600 pound claim, I will just have to see.

Thanks

[Lance]

Hi,

I am filling in N181 for a fast-track allocated claim, but the cover letter also says to "file proposed directions (whether or not agreed) with the Directions Questionnaire".

And under "Note for guidance":

"Any proposed directions should be based on the standard directions CPR Part 28".

Part 28 Directions is here: https://www.justice.gov.uk/courts/pr...es/part28#28.3

I don't really understand what I expected to do? The rules sound like it is listing directions the court might set out, not me. At the bottom, it points to rule 31.6 which is "Standard disclosure". Is this what I need to do?

Does the odd wording "File proposed directions" actually mean all my evidence? Emails, contracts, even witness statements? Or does that come later?

Thanks for any advice.

it's been 15 years since I was last in court, but Fast Track is/was a different court to small claims.
In fact, just checking, it still is. The fast track and the multi-track in the civil courts (citizensadvice.org.uk)
<£10k small claims
£10k - £25k fast track

For fast track get a lawyer. Seriously. You can claim costs in Fast Track so if you win then your lawyer is free.

[morsing]

Hi,

I am filling in N181 for a fast-track allocated claim, but the cover letter also says to "file proposed directions (whether or not agreed) with the Directions Questionnaire".

And under "Note for guidance":

"Any proposed directions should be based on the standard directions CPR Part 28".

Part 28 Directions is here: https://www.justice.gov.uk/courts/pr...es/part28#28.3

I don't really understand what I expected to do? The rules sound like it is listing directions the court might set out, not me. At the bottom, it points to rule 31.6 which is "Standard disclosure". Is this what I need to do?

Does the odd wording "File proposed directions" actually mean all my evidence? Emails, contracts, even witness statements? Or does that come later?

Thanks for any advice.