I have received a county court judgment from one of the most devious, unscrupulous, odious people on the planet. The charge is fabricated, but I have to prove this to a judge. If I hire a solicitor it will cost me more than the value of the claim, and I won't be able to recover legal costs. Will I know in advance whether or not he will be represented by a solicitor during the hearing?
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Question relating to county court judgments
- Thread starter Binney on acid
- Start date
Shatner's Bassoon
The Puff Pastry Hangman
- Feb 12, 2012
- 860
You've received a judgment, or notice to attend a hearing?
- Thread starter
- #3
I have received a claim form & I have 14 days to respond. Form N9B was included in the pack. Problem is, the I don't know what 'evidence' he has, and won't know until I submit form N9B and I receive "separate detailed particulars within 14 days after the service of the claim form"
Shatner's Bassoon
The Puff Pastry Hangman
- Feb 12, 2012
- 860
The claim form should say whether he has solicitors (there should be an address for service if he has).
Pinkie Brown
I'll look after the skirt
Assuming you believe you have a rock solid case, should the claimant lose, you would be entitled to claim costs against him should you hire a solicitor.
Plus he could be testing the water with his claim? Hoping to put the frighteners on you and you will cough up before court. If you hire a solicitor, he 'may' throw in the towel if his claim is frivolous? Speculation on my part of course, but worth consideration if you believe his claim is phoney.
Plus he could be testing the water with his claim? Hoping to put the frighteners on you and you will cough up before court. If you hire a solicitor, he 'may' throw in the towel if his claim is frivolous? Speculation on my part of course, but worth consideration if you believe his claim is phoney.
Shatner's Bassoon
The Puff Pastry Hangman
- Feb 12, 2012
- 860
Probably not, if it's allocated to small claims.
- Thread starter
- #7
My solicitor, who charges £250 an hour confirmed that I will not be able to recover costs.
beorhthelm
A. Virgo, Football Genius
- Jul 21, 2003
- 35,286
he has to prove the case to the judge, you have to put up some defense. the proof is not "beyond resonable doubt" like criminal law, but onus is still on him to have some proof and if you could show deception or frivolous action the court wont find against you.
nwgull
Well-known member
This is a civil case via the small claims track (less than £10K claim), I assume?
I'm not a qualified legal expert but I've had 2 experiences of being on the other side of what you're experiencing - ie I've been the claimant. In one case the person that owed me money coughed up when she realised I wasn't pissing about. On the second occasion, it actually went to the county court.
As far as solicitors are concerned, the small claims track is intended to enable claims and defences to be made without solicitors. In fact it's generally discouraged as, apparently, judges get annoyed with dealing with solicitors disrupting procedures when they're trying to establish a judgement (which is done on basis of probability rather than beyond reasonable doubt as would be the case in criminal court).
PM me with further details if you want. I did a load of research and got advice off of legal experts in both cases and can give you a good idea as to what would provide decent evidence. If the claim really is complete bollocks, you will be fine.
I'm not a qualified legal expert but I've had 2 experiences of being on the other side of what you're experiencing - ie I've been the claimant. In one case the person that owed me money coughed up when she realised I wasn't pissing about. On the second occasion, it actually went to the county court.
As far as solicitors are concerned, the small claims track is intended to enable claims and defences to be made without solicitors. In fact it's generally discouraged as, apparently, judges get annoyed with dealing with solicitors disrupting procedures when they're trying to establish a judgement (which is done on basis of probability rather than beyond reasonable doubt as would be the case in criminal court).
PM me with further details if you want. I did a load of research and got advice off of legal experts in both cases and can give you a good idea as to what would provide decent evidence. If the claim really is complete bollocks, you will be fine.
Beat me to it but this is correct. He has to show that a) You commissioned him for goods and/or services b) That he delivered these to satisfaction and c) That you've not paid him. People can't just make up claims, it has to have some basis in reality
- Thread starter
- #11
I have copies of emails that passed between us spanning 8 months that prove negligence, incompetence and ineptitude. Problem is, I don't know what fabricated 'evidence' he will provide.
BensGrandad
New member
County Court judges are much more considerate of the little man against the big man and tend to truly judge a casy weighing up the evidence and probability rather than just go through the motions sticking to points of law.
- Thread starter
- #13
I am convinced that there is none, unless my signature appears on documents that I have never previously seen.
drew
Drew
Surely the first thing is for you to present all your evidence that supports your view that you in the right. I haven't been through the process myself but would suspect you then get all of his evidence which gives you a chance to rebut it before it goes to a hearing.