Quote:
Originally Posted by Matt D
I've got a big black ring binder with every letter, document etc. in it, in chronological order. I also have 160 photos of the state of the house throughout the last two hellish months (major building works, disrepair, lack of facilities, & more...).
I have a long, detailed timeline (which has already been submitted), plus various other bits.
Oh, a few questions, in case anyone knows & can help:
We (& they) had a deadline of "no later than 14 days before the hearing" to submit any further documents, evidence, etc., which we wish to rely on in Court.
We submitted a few things we hadn't yet submitted back in the summer with the original claim form & particulars of claim - the photos, my timeline, & another witness statement from one of us. All in time.
The landlord & his wife then submitted "responses" to our submissions.
The response to my signed timeline did come in time, but is a string of fabrications. Is that something I can challenge?
The response to my housemate's statement came 1 day late, & is more BS. Would it still be allowed, & if so can it be challenged?
Is there any way to submit late evidence? I obtained a signed statement from a former housemate (not one a party to the claim, he lived there before the tenancy-ending problems began), supporting some things I'd mentioned as backstory, & also rebutting some of the new BS claims (& continuing BS claims) from the landlord in his recent & only-just-in-time response to my submissions. But, I didn't get it 'till last weekend, so it's too late to send off.
Oh. Crap. More questions:
Anyone actually been in a small claims hearing (or other) in a County Court? What's it actually like? Is it really daunting? What's the general sort of procedure for things?
|
I have gone to small claims court once. It is a relaxed process, not your criminal crown court style thing. The SCC I went to had a large conference room table and the judges desk in it. It was more of a meeting room than a court room. I sat on one long side of the desk, they sat on the other. The judge behind his desk.
He will want to know why this has come to court and why this could not be rectified beforehand. Here is where you should hopefully be seen to be the more reasonable party.
You get to present why he owes you the money back, he gets to tell the judge why he does not. The judge should have read the case file and the timline is the important part of that.
Late evidence may well be accepted, it is a more informal hearing than other courts and you can explain why this was recieved late and that it indicates a pattern of behaviour from the defendant.
Don't get flustered, if the other guy is acting all arsey and intimidating it will not help how he looks to the judge, the judge is just a guy or gal like you or I doing his job and realises that you are not legally trained.
Where he has said crazy things in his response just work through them methodically, I guess say this is my version of events, Sir have you read them, I will now go through and deal with the differences in his version of events and show where I believe his version is incorrect and where I have evidence.
I was nervous going into the case, but as others have said it is a bit like your first interview, you always have some jitters in latter interviews, but as you know the drill it is easier.
You and your mates should sit around a dining table, put one at the top, you on your side and he on his. You should present you story, you need to start with the 'lift conversation', how would you present this to the judge if you had 10 stories or 60 seconds to get him up to speed standing next to him in a lift, get to the punchline. Then elucidate. There will be minimal interuptions, he should not interupt you, the judge may stop you to seek clarification.
Since then running a small business I have used MCOL to issue a few more small claims, I have a couple more to do this week actually (non paying customers).