County Court (Small Claims track)

Tezcatlipoca · 12-11-2006, 17:29

My former housemates & I have been involved in a long running dispute with our lying, cheating, greedy ex-landlord, and our case against him in the County Court (small claims) is finally being heard next week.

We're claiming for the deposit (which he withheld), plus also expenses and compensation for disrepair.

He's defending the claim, and is counter-claiming for another few hundred quid or so in extra deductions & costs (on top of already withholding the whole deposit for a load of BS reasons).

Has anyone had experience with small claims cases, or with County Court hearings in general?

Any tips & advice?

AndrewJ · 12-11-2006, 18:32

I would pop to your local Citizens advice and grab any last minute tips

Mal · 12-11-2006, 18:36

Don't call him gov or beak. Look presentable, i.e. wear a tie.

If you are not being represented by a solicitor, have someone do the talking who can think fast and not fazed by the occasion.

Make it look like you have done everything possible to solve the problem prior to going to court and have everything you may need, information wise. Take in notes.

Tezcatlipoca · 12-11-2006, 19:03

Quote:

Originally Posted by Felinix_Devotion

I would pop to your local Citizens advice and grab any last minute tips

We've already had loads of stuff from the CAB, but cheers anyway

Quote:

Originally Posted by Mal

Don't call him gov or beak. Look presentable, i.e. wear a tie.

If you are not being represented by a solicitor, have someone do the talking who can think fast and not fazed by the occasion.

Make it look like you have done everything possible to solve the problem prior to going to court and have everything you may need, information wise. Take in notes.

No solicitor (we did pay for a one-off consult before submitting the claim, but it's too expensive to actually retain one for the case).

I'll probably be one of the ones to do a lot of the talking, along with one of the other three.

We did everything we could to sort it prior to going to court.

Notes...We have a huge folder full of stuff

12-11-2006, 19:05

good luck with it Tez

superbiatch · 12-11-2006, 19:07

Quote:

Originally Posted by Matt D

My former housemates & I have been involved in a long running dispute with our lying, cheating, greedy ex-landlord, and our case against him in the County Court (small claims) is finally being heard next week.

We're claiming for the deposit (which he withheld), plus also expenses and compensation for disrepair.

He's defending the claim, and is counter-claiming for another few hundred quid or so in extra deductions & costs (on top of already withholding the whole deposit for a load of BS reasons).

Has anyone had experience with small claims cases, or with County Court hearings in general?

Any tips & advice?

Good luck guys - i was shafted a little while back by a dodgy landlord who didn't pay me my deposit back. Unfortunately i didn't have the 'get up and go' to do what you guys are doing.

Let us know how you get on

Tezcatlipoca · 12-11-2006, 19:15

Quote:

Originally Posted by homealone

good luck with it Tez

Thanks Gaz

Quote:

Originally Posted by superbiatch

Good luck guys - i was shafted a little while back by a dodgy landlord who didn't pay me my deposit back. Unfortunately i didn't have the 'get up and go' to do what you guys are doing.

Let us know how you get on

Cheers

The four of us have pretty much written off the deposit now (we moved out at the end of January), it's become more about the principle of it now, even if he doesn't ever pay us back, we still want to beat the *******.

I just hope the Judge sees through his BS.

Mal · 12-11-2006, 19:17

Quote:

Originally Posted by Matt D

No solicitor (we did pay for a one-off consult before submitting the claim, but it's too expensive to actually retain one for the case).

That's fair enough.

Quote:

Originally Posted by Matt D

I'll probably be one of the ones to do a lot of the talking, along with one of the other three.

Just check everything before you go, make sure that you can answer anything the DJ asks or defendant throws at you. Think of it like a job interview.

Quote:

Originally Posted by Matt D

We did everything we could to sort it prior to going to court.

Make it sound like have tried to the DJ.

Quote:

Originally Posted by Matt D

Notes...We have a huge folder full of stuff

Just notes for yourself, like a history. You should have provided everything to the DJ and defendant prior to the hearing anyway.

Also, don't carry a lot of metal to the court, likes coins

It's a bit embarrassing holding the queue up, when you are emptying all those 1p & 2p coins into the box at the metal detectors

Tezcatlipoca · 12-11-2006, 19:22

Cheers, Mal

CycoSymz · 12-11-2006, 19:54

Good luck Matt. Hope it turns out OK for you.

Mal · 12-11-2006, 19:59

...and if he has counterclaimed, he is more than likely to turn up as well, as I think that he had to pay ÃƒÆ’Ã¢â‚¬Å¡Ãƒâ€šÃ‚Â£50 to do so, so do not let him intimidate you.

Tezcatlipoca · 12-11-2006, 20:12

Flange - Thanks

Mal -

Yeah, he's gonna be there, with his wife (joint Defendants / Counter-claimants).

I'm pretty sure he will try & intimidate us (the word I'd like to use to describe him isn't allowed).

We won't let him though. Hopefully.

He's an argumentative fool (as well as a liar), so I'm hoping he'll show his true colours at the hearing & the Judge will shoot him down.

Chris W · 12-11-2006, 23:38

Matt I used to work in a court doing witness support, and also studied law, so if you want some advice then give me a shout on msn.

popper · 13-11-2006, 06:13

Quote:

Originally Posted by Matt D

My former housemates & I have been involved in a long running dispute with our lying, cheating, greedy ex-landlord, and our case against him in the County Court (small claims) is finally being heard next week.

We're claiming for the deposit (which he withheld), plus also expenses and compensation for disrepair.

He's defending the claim, and is counter-claiming for another few hundred quid or so in extra deductions & costs (on top of already withholding the whole deposit for a load of BS reasons).

Has anyone had experience with small claims cases, or with County Court hearings in general?

Any tips & advice?

'is finally being heard next week'

its leaving it a little late but you might go pop over to the
http://www.consumeractiongroup.co.uk...lords-tenants/
section and perhaps the chatroom http://www.consumeractiongroup.co.uk/forum/

plently of people there to help you understand some of the tricks that might be played against you in court by the other side etc.

Tinky · 13-11-2006, 08:25

Be punctual, do not be late for your appointment. Be clean and presentable. The Usher will call your name when it is time to go into court. If you are nervous you can ask for someone else to speak for you, this is called a lay represtantive. The lay representative must first complete a form (obtained from the court counter) and hand it to the District Judge before the case commences. Be respectful to the Judge, address him/her as Sir/Madam, and do not argue with the Judge. Make sure you have all relevant documents with you and that they are in some kind of order, otherwise you might get flustered if you can't find what you are looking for. Do not raise your voice or swear. Do not interrupt. Good luck!