Hello my name is ***** ***** I will help you with this.
Have you filed any evidence in support of your defence please?
Yes. Full details were given on the original claim form returned to the court, and more recently supporting emails as evidence to form a Trial Bundle sent to the court. There are no contract or lease forms as the landlord never issued any in the 6 months we occupied the property, hence the emails to form evidence (hopefully).
Ok - then the Judge may or may not allow them to speak at the trial.
Evidence must be filed and served 14 days before the hearing
In a small claim there is no trial bundle
But each party must send to the court and other side all documents on which they week to rely upon 14 days before the hearing
If they do not then a Judge can refuse to allow or permit any evidence.
The Claimant brings the claim and has to prove the claim
Can I clarify anything for you about this today please?
Hi Alex, This is how I imagined it would be, as I realise the Small Claims process is less formal. I'm just a little intimated by all the caveats of "may not allow", as it seems there is little to force the claimant to prove the case, and quite an onus on us to defend it fully.
I used the phrase Trial Bundle as it is referred to in the Notice of Trial date form.
One thing that is bothering me is that the claimant has now introduced a debt collection business into the mix (17th Oct) for the first time (and for a differing amount). I have informed them of the forthcoming court hearing. If I succeed in defending this claim and win at court can the claimant legitimately use another method to resurrect the demand ? At what point does it become a breach of the Administration of Justice Act due to pursuing a debt that is not owed.
No - you are wrong. The claimant brings the claim and has to prove it.
If its a small claim then a trial bundle is not normal for a small claim.
If the claim is dismissed then no, it can't be pursued any other way
Does that clarify?
It does. I assume what may happen will be no claim proof will be forthcoming, we should win our defence in that case, and he's hoping the debt collectors will suitably intimate us into submission (they don't have the best of reputations on google). All questions for another day in that case. Thanks for your help, it's pretty much re-enforced my understanding. Thank you.
Yes happy to help.
Am I able to help with anything else today?
No I think we're done for today. I'll be back for more info when the debt collectors start to try to get around the court process.
Great. Can I ask you to rate my answer before you go today - the button should be at the bottom of the screen
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