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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I attended small claims court today and the person claiming

Resolved Question:

I attended small claims court today and the person claiming against me failed to turn up, I agreed an amount to pay with the judge and went on my way. I was then called by the court to say there had been a mistake, the time had changed from the original time of 10am to 12noon and then back to 10. They say that the claimant wasn't notified so the case had to be re-listed, by this point I had paid the claimant via my bank the agreed monies. I am extremely distressed by this and can't believe they can do that. The court called me twice to tell me of the final confirmed time and I find it difficult to believe that they failed t call the claimant. Is the court allowed to do that?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.Has an order been sent out to you yet please?
Customer: replied 2 years ago.

Hi Alex,

No it hasn't. I now understand more clearly the chain of events today. I attend at 10am as instructed the claimant did not. The case was heard, the judge ordered I pay £830, which I did immediately. The claimants arrived for 12pm as he believes he was instructed, he applied for a stay which was heard by a district judge in my absence at that point and then the four called me to say they had made a mistake by not calling the claimant and so were seeking to reschedule the original hearing.

Expert:  Ash replied 2 years ago.
Ok. In that case the Court should order the return of the £830. If C does not pay then you can ask the Court to counterclaim and then order that he returns it. If not then you can seek enforcement action and indeed transfer it to the High Court.
But the Court wont pay you the money back sadly. You would also need permission of the Crown in order to bring a claim against HM Court service.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Hi Alex,

I agreed that I owe £1000 so Im not necessarily looking for the 8

£830 back at this point, the claimant was asking for £3700 so I was happy with £830 (£1000 less my costs) what I have an issue with is the process. He was able to appeal in my absence because the case was heard in my absence but none of this was my fault. The court was in error because it appears they didn't call him although they called me twice to make sure I was aware of the new time so I struggle to believe they didn't call him. I suspect the claimant caused a scene this morning and they have capitulated. I am not convinced that due process has been followed and what recourse do I have against the court for the inconvenience, costs and huge distress this has and is causing me.

Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Thanks Alex, could you just explain that in slightly more 'janet and john' terms? Do you mean claim compensation from the court as part of the court complaints process? or are you still referring to the £830?

Expert:  Ash replied 2 years ago.
The compensation/complaints process.
The £830 you seem to accept, so I think you are stuck with that until the next hearing.
Does that help?
Alex
Customer: replied 2 years ago.

Yes, that clear. Thank you!

Joanne

Expert:  Ash replied 2 years ago.
Good luck Joanne.
If this answers your question could I invite you rate my answer before you leave today.
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Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex