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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice.
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I have a claim against a management company for£296. Before

Resolved Question:

I have a claim against a management company for£296. Before I issue procedings in the small claims court what pre action protocol do I follow?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do they dispute this is owed please?
Expert:  Remus2004 replied 3 years ago.
Actually don't worry. I can see what you are asking.

As you already know, this will be heard in the Small Claims Court.

If there is a dispute over the money which is owed, the issue will be decided by a judge.

All you need to do before issuing proceedings is to send them a letter telling them that unless you get the sum of £296 by a particular date you will issue Small Claims Court proceedings without further notice.

I would give them 14 days the already been chasing them and rather actually give the number of days I would give them until a particular date. That way it is done to date and not a number of days, they cannot argue that the number of days had expired.

That is literally all you have to do warned them that unless they pay up by a date you will issue against them and, the day after visit the money claim site

www.moneyclaim.gov.uk

where you can issue proceedings quickly and easily and at a slightly cheaper fee and using the paper process.

The proceedings will normally be issued from Northampton and then transferred to the defendant’s court. However because your claim is from an individual against a business, it does get transferred to the defendant’s home Court, you need to apply to the court to have it transferred to your own home Court.

Can I clarify anything for you?

Jo
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Customer: replied 3 years ago.

Thanks. The management company are not disputing the amount but they are saying that as I have not complied with the pre-action protocol they will bring this omission to the attention of the Judge. What are they talking about as this does not reconcile with your answer?


 


They have their own legal team!

Expert:  Remus2004 replied 3 years ago.
There is no pre-action protocol in the Small Claims Court.

There are various pre-action protocols for professional negligence et cetera but not for a small claim of £296, particularly when it appears that they admit to owning it.

What they are trying to do is threaten you into dropping the case.

The only time the judge will be the least bit interested and would possibly award costs against you is if you have been completely totally and utterly unreasonable.

Costs are very very rarely awarded in the Small Claims Court and if they decide to defend this, they will not get their solicitors costs back even if they win, apart from a fixed fee of £50.

It will actually cost them more to utilise their legal team than they are arguing over.

I would not worry at all about what they have said.
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