This video and your initial video of how to start a small claim have successfully guided me through to successfully winning my claim against a builder who carried out some work for me to a very poor standard. I work in engineering so gathering the evidence and cross referencing against British standards to prove the work was not up to scratch was the easy part. The free advice you have given me guiding me through each stage has been invaluable. A big thank you for all your advice and help, couldn't of done it without you!
Subscription set. I highly appreciate every aspekt of your recordings. Small claims and letter of claim vids are much needed in this unproportional ratio of power between ordinary people and businesses. I'm highly confused with the UK law "navigation" which is not as accessible as one would like it to be. You Sir are doing an amazing work enabling us! Please don't stop. Of you do answer privately issued messeges I would like to ask about few details at your convenience. With many thanks, Peter
This is exactly my experience when I've taken various people and businesses to the County Court. However, having had the decision made in my favour, what is less than clear is how to go about having your County Court Judgement enforced. As this isn’t always as straightforward as might be imagined - with a certain amount of the work passed back to the claimant rather than being directly enforced by the court and its bailiffs - perhaps you might consider giving us a second video on how to go about enforcing a successful CCJ? Thank you.
A great explainer of the process. Would you consider doing the same but guiding through the process from the first claim form coming from Northampton county court business centre. Through the response to that then allocation, directions questionnaire, judges directions etc. Maybe take a private parking case as an example as there are many thousands of these clogging up the system every week. Especially as they all are abusing the process and claiming extra money that they are not allowed to under pofa 2012 schedule 4
Brilliant overview of small claims hearing process. Talked very fast but will review recording to make all notes. THIS IS WHAT WE WANT MORE PLEASE. eg how to prepare a bundle for initial hearing & subsequent hearings, who is responsible for bundle. What if one side is not working with you how to let court know & how to respond oneself (eg my claimant refused to let me as Defendant agree a bundle)
It’s important to remember a small claims train van in theory result in an injunction. A good example might be a disabled person suing the local village shop for not having ramp access. Really damages aren’t nearly as useful as an injunction to fit a ramp. My understanding is, as a matter of law, a small claims trial can result in injunctions like that. I’ve no idea if, in practice, there would be any real prospect of a small claim’s case considering that.
Great explaination of a small claims court, and thank you for making these very informative videos. Is there any chance you can make a video expaining the flip side of a small claims court hearing, ie from a winners point of view, and a losers point of view Or helping to get County court judgement set aside, eg if the judgement was done by default to the wrong address. As this has happened to me, but my court date is next week,so would need to be quick.
I'm about to find out what it's like in a civil court, as soon as the courts unclog. Background> I asked or repairs - landlord said no. I got the council in, but the covid crisis meant that they couldn't inspect the place for months (which was via video call). Landlord served me with a form 6a before the council gave him an *informal* order to fix the place up. Around a month ago (7 months after the form 6a), the court sent me the defence papers. I responded by questioning the validity of the AST the landlord was presenting to the court (he'd broken most of the terms, and had signed it in bad faith too), and I pointed out he'd lied in his answer to 15(g), where he said I hadn't asked for repairs to be done prior to him starting eviction. It won't work. The law doesn't give a toss about tenants. Broken contract? No problem. Landlord wants to do a revenge eviction..? Aye..that's ok if he's got his paperwork in order, apparently. Meanwhile, all through the lockdown, the council refused to do anything but 'go easy' on this dick. No formal notice, no nothing. So here I am, and the only thing stopping me getting turfed out, is a clogged court system, and a council that won't pull its finger out - even though the covid 'guidelines' for councils have now been dropped. The guy from Shelter was disgusted. People..things have got to change. Too many landlords are getting away with fleecing the system, and ripping off tenants.
@@sleepingwarrior4618 I'm sorry man...but you're on the wrong track. At the end of the day, the only right the tenant has, is to walk away from the AST (contract) once it's up - unless there's a break-clause. Put it this way...my landlord broke all terms of the AST, and he signed in bad faith. As a tenant, there's nothing I can do about it apart from refusing to sign another AST. Honest. Broken contract, nothing I can do. Believe me, bro. Tenants can be treated worse than animals, and if they complain, ultimately they have to leave.
Thank you, excellent video i have court next month and the defendant has lied about giving me cash to the court(which never happened) so he has no proof, so i should be OK also subscribed :)
I am listening to this and finding it quite upsetting. In my case there have been two trial hearings and one that was vacated the day before it was scheduled. I can appreciate that this guidance is text book how it should happen but this is not my experience. In the first trial hearing, the DDJ berated and humiliated me as a litigant in person from the moment the case began, and I was speechless. The second time, another DDJ began hearing the case while I was unpacking my box of evidence, I was not late, I entered the chamber/fast track room on time. He was already in the room when we were ushered in, I had no idea who he was or whether he was presiding over the ore-trial hearing that we were told would happen or whether it was the Trial hearing. The case against me was dismissed in about 15 mins on grounds that were somewhat technical which I did not present nor understood. I had no time to gather my thoughts and it was over. I am Appealing it on the grounds that my applications were not heard, those being that the other party have acted fraudulently and misrepresented themselves, have committed perjury, contempt of Court etc etc and that I am looking to the Court to have them held personally liable without the protection of the limited company status. I would find it very satisfying appearing in Court and observing justice and a fair trial in action. 🤨
Hi, thank you for your very informative video. My stationary van was hit by a rental van being driven by a rentor. I witnessed the incident and managed to get 2 photos of the van including registration number as it was driven away at speed, The van had come out of a culdesac so by asking neighbours, I managed to trace the address it had come from. One of the neighbours had a video doorbell and had captured the rental van pulling away just before I witnessed it hittingvmy van. We left our number with the neighbours and the next day we got a message from a neighbour to say the van was back. My husband and I went and I took pictures of the van including the damage to the rental van which amounted to scuffs to the vans n/s side trim and back corner bumper including paint the same colour as my van being on the rental vans bumper. I left messages for the rental company and and contacted the rental company the next working day who refused to give me their insurance details. I contacted the police who said both leaving the scene of an accident and failing to provide your insurance details were unrecordable crimes so they were of no help. I repeatedly tried to contact the rental company and ended up going into our local branch. Eventually someone contacted me and sent an insurance assessor who downvalued the van enormously as they do and said it is not economically viable to repair the van. The damage being on the nearside of the van, a cracked bumper in 2 places, cracked headlights, damage to wing, passenger door will no longer open and wobbling if driven. My problem now is they say they have a sworn affidavit from the driver to say he did not hit my van and they say there is no damage to the rental van. I don't want to go through our own insurance as it will just put our premiums up fir years to come. Do I have any chance of winning if I go down the small claims track and also who would be the claimant, the hire company, the CEO, the hirer, the driver or someone else? Your comments would be most welcomed..Best Regards
Just a couple of thoughts as a non-lawyer: Get a document (quote etc) that says the amount of how much money you want, whether that's for a repair or replacement van if it's cheaper to restore you to the position you were in before the incident. That's the amount you want to claim. If it's less than 10k you can make an online small claim. You are the claimant. I think the defendant would be the registered keeper of the vehicle, i.e. the rental company because that's what you can prove. They can then pass any claim onto the renter, insurance company, driver, etc. Incidentally, for £3 you can get the registered keeper of the vehicle from the dvla if you have a photo of the car with number plate clearly visible.
hobbyist photographer shooting with models who, from time to time, ask for a deposit, and in even some cases don't turn up to the shoot and the deposit is lost. I think making an application to the small claims court could be a way to formally address the problem and it might just make hobbyist photographers and models take their hobby more seriously if visits to the SCC are a thing.
Loving this, can yourself or anyone reading help? If cpr 18 or 31 can’t be used in small claims how do we demand evidence of a document such as a contract, agreement or legal right for example? Surely they need to give disclosure of what they claim?
Update** I won, they also have to pay me 1/2 days pay because of time taken off work to do the video call. I REALLY appreciated this video, it helped my anxiety and helped me understand what was coming and how the process would be. I’m going to subscribe but hopefully I’ll never need you again 😂
Never understood why there is a court cost and any type of hearing fee. The judge and employees at the court house work for and are already paid for by the people. Makes no sense to me
It would be interesting to know what to do if one court, a higher court, overrules, with no legal justification a higher court, as happened to an old disabled lady whom the high court gave judgment in her favour, and the defendants accepted the judgment, only for a county court to take it upon itself to overrule the high court. Gone to the appeals court and they just ignore res judicata.
By the way there is the A.D.R before matters go to court, if both parties agree, which courts push for, for an Aternative Dispute Resolution, which I am seeking as matters better settled this way than take up the courts time. What about that most important thing of if you are told to pay the other sides costs if you lose, even though you have not been a vexacious litiigent?
All good advise but you seem to have cut short, after winning my case I thought brill judgement in my favour they will pay up !!! Errr no I had then to pay more money to get the bailiffs in to get the money owed because they refused to pay, Luckily for me they paid up, but if they hadn't you are down the county court costs and the bailiff's fees.
As an aside and prior to a Court Case, I remember putting in an online SC against my old Company, and ticking a box asking for a 'Summary Judgement' because, as I stated, I believed the company was going to liquidate itself rather than pay me so I was trying to block the liquidation. I didn't get the 'Summary Judgement' or even an explanation as why I didn't get one. My old company liquidated itself rather than pay out and I never even got my day in court. I got nothing at the end of the day as the liquidators took everything that was left for itself as charges for its services. So, to my question- 'Summary Judgement' what is it in regards to a Small Claim?
Hi, great video, thanks, I have a question though in relation to the hearing fees; do I need to pay them once or every time the hearing is rescheduled (for lack of judicial time, an example)? Thanks in advance
If there are no witnesses does the defendant have a case? Because the Plaintiffs complaint on the small claims summons are inconsistent with what actually happened.
Thank you for explaining the process . Could you please advise of the following ; 1. Do I need to submit a court trial bundle, if I have already sent all the evidence to the court and defendant. 2. The defendant did not send me a copy of their Directions Questionnaire, so unable see if any witnesses will attend . I really would appreciate your guidance . Thank you
Many thanks for the great video. I would like to go to the Small Claims Court regarding the boundary dispute. My next door is a Council House. The council erected the fences on the 2 inches towards my land. I would not bother about 2 inches of trespassing if I could install my garden gate. They installed the fence post diagonal so I cannot hang my garden gate. Even if I managed to do so, it could only open about 45 degrees - not fully. The council initially accepted the issue however, then they decided not to correct it as they realised they needed to remove them and reinstall the fences (about 3 m long). The boundary is straightforward as it was continuing line from the shared alleyway. I wonder if I can start a legal action via Small Claims court. Also, I wonder, what would be the legal deadline to start a court case? is it 6 years from the fences were erected or from the time I realised. Thanks
the witness statement is not easy to complete this form is more important then form N1, i want to ask when is beter to make witness statement is posibal to send all toghedher to court with form N1 and evidence
What if you already have been awarded a sum of money by a court and have the papers to prove it? A civil claim? The person concerned took out an Individual Voluntary Agreement (IVA) to try and avoid paying anything!
I believe you'll need to return to court and obtain a writ from the High Court. Their enforcement officers will then enforce the judgment. Be aware though there are probably extra costs.
Question, Where does the hearing take place? For example, Say I have a dispute with a internet service provider, I live in Sheffield but the service providers head office is in Reading. Would I have to travel to Reading or would the defendant have to travel to Sheffield? And can travel costs be claimed back?
When making a claim against someone, what do you do if they say that someone else is liable? For example a neighbours wall falls onto your car. You ask them to pay for the damage but they refuse and say that the builder is liable. Do you take one or both to court?
What is the maximum you can claim for in the small claims court in the UK? Does it have to be a matter of a law being broken to bring a claim? You're amazing btw 👍
I saw on the website that people on low income can get help with their court fees. There’s a form that needs to be filled. Can you provide some help on that please? If there’s anything in your library, please guide me to it. Thanks
Can I ask. Scenario: A claimant makes a claim for say £5000 and loses the case. Can the defendant claim his/her costs for him/herself and any representation that they instructed, against the claimant ?
I have a question. I am the claimant and I am taking someone to court on the 22nd August. I do not have a solicitor and I am sure the defendant doesn't either, but due to the defendant has many county court unpaid judgment and hides his address due to people and companies looking for him I do not think he will turn up to my court hearing either. I was wondering that shall I hire a solicitor as I do not know the law and I have never been to court before.
I have a case , where the buyer sue me because of an item not received. In the past he opened the case on PayPal, and didn't want to wait for a result from PayPal and he sue me before the PayPal decision. Now PayPal decided in my favour despite I send the item without tracking. What should I do, do I have a chance against the buyer?
waiting of for this one as i have a question already. can i as a private person sue a company for not showing me a document that previously in a legal case was declared i should be able to see
If you go with freedom of information act or personal access data request I don't believe you could be wrong. I'm not legally trained. Things get easily complicated. Easy things become complicated.
my only question would be :how the heck would you have so many judges for that.. it would take milion judges to handle all the small claims.. or waiting period of 300 years..
The Court process is hugely under funded. More ppl are being ripped off or scammed and more ppl are looking for justice. The Alternative Dispute system is also hugely underfunded and lack discretion other than the discretion of shutting down cases, the ppl employed by the ADR firms are under qualified and lack the knowledge and expertise of the Courts. All that training has to count for something.
Love your stuff! I have a question…can the police seize a phone from a witness to an incident for evidential purposes. For example, if I see a guy being beaten up and for whatever reason I don’t intervene but whip my phone out and start recording. If the police turn up and they know I’ve recorded it can they seize it for evidence or force me to hand it over?
I have been to a number of small claims, and very often the DJ has not fully read or fully understood the documentary evidence presented. Often a DJ mind has all ready been made up based upon a very poor understanding of the evidence. At the start of one civil action, the DJ explained his understanding of the claim, which was totally incorrect. Both parties had to interject a number of times during his speech to correct him. The rest of the hearing consisted of a lot of yelling by the DJ at me for having to constantly interrupting him to set the record straight many times on his poor assumptions in his supposed understanding of the claim. It was clear to see the DJ had not read all the evidence or worst had speed read it all and failed to understand what the claim was about. The DJ final judgement was that the defendant's two 8-week-old dogs had not widdled all over the house and ruined the carpets. His judgement was the stains were likely to be from spilt tea or coffee. The man was an utter BAFOON! And a disgrace. He failed to even consider how does anyone spill tea or coffee in the corners of many different rooms, some rooms where tea or coffee would not be drank in, like a baby's nursery, or a bathroom or by the front and back doors.
This is exactly the experience I had, despite substantial evidence presented on my side, the judge was dismissive, seemed to accept defendant's poor verbal defence as well as sparse witness statement, fake witness statements, none of whom turned up, only 2 emails as proof! I need to appeal, have a transcript, do you know anyone that can help please? Have 21 days from judgement on 13/06/22, only received partial judgement of amount I sued for. Thank you
@@NA-wm1lc first, you won't get a copy of the judgement until 3 days before the 21 days are up. The judgement letter may not reflect the actual judgement.
@@pacman4568 thank you for your prompt reply, the judge advised not to wait for the judgment to file the appeal during delivery of his judgment oddly enough. I have a transcript of the hearing...do you actually assist in small claim cases?
In my own experience, this is why it's essential to succinctly summarise your case in as few words as possible. While having additional "supporting evidence" available in the pack is always helpful, try to present your case as a simple almost yes/no argument. Remember, the Judge has a lot of cases to read through and you don't want to bog them down in superfluous details. I test my summary by reading it to someone then asking them to tell me what they thought I'd just said. KISS Keep It Simple Stupid 😉
I'm going to start a claim against a con-artist who scammed me out of a £1,300 camera with a fake PayPal email. When I cottoned on and googled his name & address, I found he was listed as a habitual scammer, even charged with benefit fraud 20 years ago. Am I allowed to bring up these past behaviours to strengthen my case?
Hello sir, thank you so much for taking the time to explain things and giving your valuable expertise. Could you answer a question for me please? I was recently sent an invoice for parking where I shoudn`t and received repeated letters for payment. Just the other day I received a demand for the same payment from a different company. Can this second company take me to court for this alleged debt? Thank you in advance sir for your help. Kind regards, Paul.
great timing, my case is up in two weeks. while i am the claimant im still a bit nervous. i didnt know you could ask the defendant questions, ive got tonnes to ask. i just hope i get a favourable decision. its horrific to work for someone and then have to go out and find more work to pay for the debt you got into working for the previous client. not to mention all the difficulties it causes with personal relationships "why cant you pay your rent??" etc.... how much interest do you put on that?
Great video. I have a question please? How can you add new evidence to the court bundle prior to the trial, or can you add it during the hearing? Thanks in advance
i'm disputing admin fees that have been added to the service charge of my flat, these are admin fees for late payment, legal fees cos they got debt collectors involved, and the actual service charge as i have been given just the one invoice for all this. i'm wondering what the situation is about having legal fees appear on the same invoice as service charge, as i have no idea which fees have been paid, and which are outstanding - should these fees be invoiced seperately? and by law?
Hello I desparately need help with filing an appeal against a county court judgement given on 13/06/22. I am the claimaint and did not receive the full amount I sued for, judge was not well versed with witness statement and evidence, kept asking in hearing for references etc. Please help I have 21 days from 13/06/22 to file, thank you
Can you help please? I have been awarded as the Claimant, an Online claim for the Sum of £3,300. It is for a Vehicle I purchased and my Ex Boyfriend decided to retain it!! How can I Enforce this please? Can the Police help at all? Also, I have Won a 'Return of my Dog Order' yday from the Judge, as the Claimant! My Ex Boyfriend (same) kept my dog from me for a year!! How do I Enforce this too please? I have a Molestation Order, which ends in April. Can I contact Police to meet me at Property I believe she is ? I believe they have Powers of Arrest if they do not hand her over? Theft! Please advise?!!! Please, please, please⁉️⁉️ Thank you. Michelle 😊
Thank you for these videos which I'm finding useful. A barrister friend recommended that I use a Part 8 claim rather than a Small Claims Track for a breach of contract. I can't work out the difference. We are seeking reimbursement of a deposit. Value is under 10k. Would it make any difference to use Small claims rather than Part 8?
Part 8 claims are best when there ISN’T a substantial dispute of fact. Also for certain matters involving inheritance or trust it has to be used. Witness statements have to be filed immediately and if they aren’t then the respondent will need permission from the court to make representations at any subsequent hearing.
I have had the misfortune to twice experience this farcical system . It’s based on ‘fact’, ie whatever is presented as a large amount of ‘evidence ‘ , although utterly false, may well be believed . In both my cases the opposition lied through their rotten teeth so convincingly (on one occasion clearly breaching Court protocol) that the ‘judges’ found in their favour; on one occasion aided and abetted by a ‘lawyer’ who was clearly thoroughly dishonest and adept at bending the rules. The other case clearly showed that the opposition was something of a ‘mate’ . Impartiality? Forget it . It’s a corrupt system, which plays into the hands of big business.
Hi, I’ve been ripped off through eBay, and they did a dispute outside of eBay, (they did a charge back through the bank) and sent a false item on return. This is classed as postal fraud and the courier still have the false returned item at there depot, would this hold up in court as the courier still have the item and they’ve gotten a full refund and kept my item? Thanks. I had to pay damage costs off 700gbp
My employer owes me money dating back to 2020. Can I make a small claim for those unpaid wages ? Employment tribunal won't work as it has been more than three months ....
Yes. Time limit is 6 years. Provide your employment contract as evidence along with any proof that you did the work. You can claim interest at 8% per year also (plus the Bank of England base rate) Good luck 🤞
Could I use this process in a breach of the questionnaire filled out by the sellers of the house I recently bought? They ticked the box to say the house would be cleared of waste... Basement was full of crap and will take enormous amounts of time to clear myself, or lots of money to hire someone to clear.
There was a guy on the HousePriceCrash forums who had a similar problem, in his case a garage full of rubbish. IIRC his solution was to go back to the conveyancing solicitor and have them threaten the vendors with legal action for storage costs and breach of contract.
@@The_Giant_Lemon Sounds like they're just conveyancers and not proper solicitors. In any case I'd suggest that your contract with the vendors said something along the lines of "Seller shall clean the interior and remove all trash, debris and rubbish prior to the buyer taking possession.", so by leaving the debris there they are breaking the contract and potentially liable for your storage costs as well as the reasonable costs of clearance / disposal. A chat with a proper conveyancing solicitor might be a good idea although if it were me I'd notify the vendor and give them 14 days to collect after which it's £50-£100/day storage fee and a small claims court application 14 days after that. I'd also send them a copy of the completed court application to show I'm serious.
I watched many CZcams videos including yours. But feel that having now lost a case that most of this advice is useless. Why? I will list some reasons here. 1. No mention of consumer rights act 1974 (if you didn’t sign a contract including terms and conditions you might as well give up asap) I know you will say I should have known this but surely some of you legal experts should have seen failures based on this alone. 2. No mention of huge amounts of time involved in prepping these cases. (Time is money in business better to carry on with your business than waste time trying to pursue non payers) after all you don’t get paid the amounts legal professionals get paid. 3. Most of these advice videos are so poorly constructed that they fail to include advice to defendants on claiming costs ( this was the only thing I came out of court laughing about the defendant had not brought any invoices for his costs and the expert opinion had not provided a reinstatement cost for the rectification of the supposed problem) this cost the defendant at least £1800 in the end he got back the £400 he had paid me for part payment and £80 court fee) Be careful everyone remember that these videos are to win legal professionals work and the system is for legal experts even though it’s called civil claims. When I mentioned to the judge at the end of the hearing that there was a lack of information his reply was “if you want to improve the system YOU email the court system” interest on the judges part zero. It’s just a job. YOU HAVE BEEN WARNED!
This video and your initial video of how to start a small claim have successfully guided me through to successfully winning my claim against a builder who carried out some work for me to a very poor standard. I work in engineering so gathering the evidence and cross referencing against British standards to prove the work was not up to scratch was the easy part. The free advice you have given me guiding me through each stage has been invaluable.
A big thank you for all your advice and help, couldn't of done it without you!
Do you have a link for the first video? I’m learning to litigate incase I ever need it
Thank you for these videos. They really helped me in court today. Good news is we won!
Wish me luck I'm about to dive in . Very helpful x
Fantastic overview of the small claim process. And congratulations on passing the 50,000 subscriptions, thoroughly deserved.
Have sent a previous comment on your Small Claims video and stumbled on this one, which is extremely useful in explaining the process.
Subscription set. I highly appreciate every aspekt of your recordings. Small claims and letter of claim vids are much needed in this unproportional ratio of power between ordinary people and businesses.
I'm highly confused with the UK law "navigation" which is not as accessible as one would like it to be. You Sir are doing an amazing work enabling us! Please don't stop. Of you do answer privately issued messeges I would like to ask about few details at your convenience. With many thanks, Peter
Very nice to see someone giving all the facts of what to do .ive subscribed
This is exactly my experience when I've taken various people and businesses to the County Court.
However, having had the decision made in my favour, what is less than clear is how to go about having your County Court Judgement enforced.
As this isn’t always as straightforward as might be imagined - with a certain amount of the work passed back to the claimant rather than being directly enforced by the court and its bailiffs - perhaps you might consider giving us a second video on how to go about enforcing a successful CCJ? Thank you.
That’s why I’m here. How is it enforced?
www.gov.uk/make-court-claim-for-money/enforce-a-judgment
i read the comment section with increasing terror. I am baffled how many people expect free advice. Thanks for the informative video!
Bbb this is so cute compared to your production now. W are so glad we have you
A thorough explanation! Concise and to the point. I would ask though, what is the 'largest' small claim a county court will hear?
But a judge can allow remedy above £10,000 as an exception
Thanks for the replies guys.
A great explainer of the process. Would you consider doing the same but guiding through the process from the first claim form coming from Northampton county court business centre. Through the response to that then allocation, directions questionnaire, judges directions etc. Maybe take a private parking case as an example as there are many thousands of these clogging up the system every week. Especially as they all are abusing the process and claiming extra money that they are not allowed to under pofa 2012 schedule 4
Can you do a video on Legalise please and explain the difference between what certain words mean in the language of the law society. Thanks.
Brilliant overview of small claims hearing process.
Talked very fast but will review recording to make all notes.
THIS IS WHAT WE WANT MORE PLEASE.
eg how to prepare a bundle for initial hearing & subsequent hearings, who is responsible for bundle. What if one side is not working with you how to let court know & how to respond oneself (eg my claimant refused to let me as Defendant agree a bundle)
Thank you so much for this video. It's extremely clear and informative in equal measures.
It’s important to remember a small claims train van in theory result in an injunction. A good example might be a disabled person suing the local village shop for not having ramp access. Really damages aren’t nearly as useful as an injunction to fit a ramp. My understanding is, as a matter of law, a small claims trial can result in injunctions like that. I’ve no idea if, in practice, there would be any real prospect of a small claim’s case considering that.
Great explaination of a small claims court, and thank you for making these very informative videos. Is there any chance you can make a video expaining the flip side of a small claims court hearing, ie from a winners point of view, and a losers point of view Or helping to get County court judgement set aside, eg if the judgement was done by default to the wrong address. As this has happened to me, but my court date is next week,so would need to be quick.
How was it
I'm about to find out what it's like in a civil court, as soon as the courts unclog.
Background> I asked or repairs - landlord said no. I got the council in, but the covid crisis meant that they couldn't inspect the place for months (which was via video call). Landlord served me with a form 6a before the council gave him an *informal* order to fix the place up.
Around a month ago (7 months after the form 6a), the court sent me the defence papers. I responded by questioning the validity of the AST the landlord was presenting to the court (he'd broken most of the terms, and had signed it in bad faith too), and I pointed out he'd lied in his answer to 15(g), where he said I hadn't asked for repairs to be done prior to him starting eviction.
It won't work. The law doesn't give a toss about tenants. Broken contract? No problem. Landlord wants to do a revenge eviction..? Aye..that's ok if he's got his paperwork in order, apparently.
Meanwhile, all through the lockdown, the council refused to do anything but 'go easy' on this dick. No formal notice, no nothing.
So here I am, and the only thing stopping me getting turfed out, is a clogged court system, and a council that won't pull its finger out - even though the covid 'guidelines' for councils have now been dropped.
The guy from Shelter was disgusted.
People..things have got to change. Too many landlords are getting away with fleecing the system, and ripping off tenants.
Bad luck. That sound horrible for you. How infuriating.
@@sleepingwarrior4618 I'm sorry man...but you're on the wrong track.
At the end of the day, the only right the tenant has, is to walk away from the AST (contract) once it's up - unless there's a break-clause.
Put it this way...my landlord broke all terms of the AST, and he signed in bad faith. As a tenant, there's nothing I can do about it apart from refusing to sign another AST.
Honest. Broken contract, nothing I can do.
Believe me, bro. Tenants can be treated worse than animals, and if they complain, ultimately they have to leave.
@@Arcticnick I need to get used to the idea of being seen as scum cash-cow until I buy my own place - which will be never
Get a disrepair solicitor
Thank you, excellent video i have court next month and the defendant has lied about giving me cash to the court(which never happened) so he has no proof, so i should be OK also subscribed :)
Thank so much for your help
Thanks . Extremely informative. One question: how does one address the judge in the 'small claims court?
I am listening to this and finding it quite upsetting.
In my case there have been two trial hearings and one that was vacated the day before it was scheduled. I can appreciate that this guidance is text book how it should happen but this is not my experience. In the first trial hearing, the DDJ berated and humiliated me as a litigant in person from the moment the case began, and I was speechless.
The second time, another DDJ began hearing the case while I was unpacking my box of evidence, I was not late, I entered the chamber/fast track room on time. He was already in the room when we were ushered in, I had no idea who he was or whether he was presiding over the ore-trial hearing that we were told would happen or whether it was the Trial hearing.
The case against me was dismissed in about 15 mins on grounds that were somewhat technical which I did not present nor understood. I had no time to gather my thoughts and it was over. I am Appealing it on the grounds that my applications were not heard, those being that the other party have acted fraudulently and misrepresented themselves, have committed perjury, contempt of Court etc etc and that I am looking to the Court to have them held personally liable without the protection of the limited company status.
I would find it very satisfying appearing in Court and observing justice and a fair trial in action. 🤨
Amazing presentation.thanks bro
Hi, thank you for your very informative video. My stationary van was hit by a rental van being driven by a rentor. I witnessed the incident and managed to get 2 photos of the van including registration number as it was driven away at speed, The van had come out of a culdesac so by asking neighbours, I managed to trace the address it had come from. One of the neighbours had a video doorbell and had captured the rental van pulling away just before I witnessed it hittingvmy van. We left our number with the neighbours and the next day we got a message from a neighbour to say the van was back.
My husband and I went and I took pictures of the van including the damage to the rental van which amounted to scuffs to the vans n/s side trim and back corner bumper including paint the same colour as my van being on the rental vans bumper.
I left messages for the rental company and and contacted the rental company the next working day who refused to give me their insurance details.
I contacted the police who said both leaving the scene of an accident and failing to provide your insurance details were unrecordable crimes so they were of no help.
I repeatedly tried to contact the rental company and ended up going into our local branch. Eventually someone contacted me and sent an insurance assessor who downvalued the van enormously as they do and said it is not economically viable to repair the van. The damage being on the nearside of the van, a cracked bumper in 2 places, cracked headlights, damage to wing, passenger door will no longer open and wobbling if driven.
My problem now is they say they have a sworn affidavit from the driver to say he did not hit my van and they say there is no damage to the rental van. I don't want to go through our own insurance as it will just put our premiums up fir years to come. Do I have any chance of winning if I go down the small claims track and also who would be the claimant, the hire company, the CEO, the hirer, the driver or someone else?
Your comments would be most welcomed..Best Regards
Just a couple of thoughts as a non-lawyer:
Get a document (quote etc) that says the amount of how much money you want, whether that's for a repair or replacement van if it's cheaper to restore you to the position you were in before the incident. That's the amount you want to claim. If it's less than 10k you can make an online small claim.
You are the claimant.
I think the defendant would be the registered keeper of the vehicle, i.e. the rental company because that's what you can prove. They can then pass any claim onto the renter, insurance company, driver, etc.
Incidentally, for £3 you can get the registered keeper of the vehicle from the dvla if you have a photo of the car with number plate clearly visible.
hobbyist photographer shooting with models who, from time to time, ask for a deposit, and in even some cases don't turn up to the shoot and the deposit is lost.
I think making an application to the small claims court could be a way to formally address the problem and it might just make hobbyist photographers and models take their hobby more seriously if visits to the SCC are a thing.
Loving this, can yourself or anyone reading help? If cpr 18 or 31 can’t be used in small claims how do we demand evidence of a document such as a contract, agreement or legal right for example? Surely they need to give disclosure of what they claim?
Excellent explanation
Very helpful, thank you
Looking forward to taking my employer to court - doubt they’ll show up! Get my owed wages back.😊
Again such good clear information👍😍
Got one of these in 90 minutes, wish me luck! 😬
Update**
I won, they also have to pay me 1/2 days pay because of time taken off work to do the video call.
I REALLY appreciated this video, it helped my anxiety and helped me understand what was coming and how the process would be. I’m going to subscribe but hopefully I’ll never need you again 😂
Brilliant, helpful as per usual, thankyou #BlackBeltBarrister
Glad it was helpful!
Can you request audio transcript from court
Never understood why there is a court cost and any type of hearing fee. The judge and employees at the court house work for and are already paid for by the people. Makes no sense to me
It would be interesting to know what to do if one court, a higher court, overrules, with no legal justification a higher court, as happened to an old disabled lady whom the high court gave judgment in her favour, and the defendants accepted the judgment, only for a county court to take it upon itself to overrule the high court. Gone to the appeals court and they just ignore res judicata.
I would like to claim damage to private property (vehicle alloys) by a garage, Q: do they need to keep CCTV record for 30 days??
By the way there is the A.D.R before matters go to court, if both parties agree, which courts push for, for an Aternative Dispute Resolution, which I am seeking as matters better settled this way than take up the courts time. What about that most important thing of if you are told to pay the other sides costs if you lose, even though you have not been a vexacious litiigent?
Can you please make a video on appeals?
I found your vid most useful. How does the court process change if there is a counterclaim.?
All good advise but you seem to have cut short,
after winning my case I thought brill judgement in my favour they will pay up !!!
Errr no I had then to pay more money to get the bailiffs in to get the money owed because they refused to pay,
Luckily for me they paid up, but if they hadn't you are down the county court costs and the bailiff's fees.
Would your previous criminal record be brought up in a small claims court or fast track trial? And would it be relevant in such a claim?
Did you ever get an answer to this
@@Kristina-tr3pj no I didn’t many thanks
What happens if you are unable to attend court due to a long term illness pls?
May yet attend a small claims trials, if the ADR does not come off. I have had my experience of judges, many judges and do not trust them
What happens if the defendant has no money?
As an aside and prior to a Court Case, I remember putting in an online SC against my old Company, and ticking a box asking for a 'Summary Judgement' because, as I stated, I believed the company was going to liquidate itself rather than pay me so I was trying to block the liquidation. I didn't get the 'Summary Judgement' or even an explanation as why I didn't get one. My old company liquidated itself rather than pay out and I never even got my day in court. I got nothing at the end of the day as the liquidators took everything that was left for itself as charges for its services. So, to my question- 'Summary Judgement' what is it in regards to a Small Claim?
Try and go after the directors
Hi, great video, thanks, I have a question though in relation to the hearing fees; do I need to pay them once or every time the hearing is rescheduled (for lack of judicial time, an example)?
Thanks in advance
If there are no witnesses does the defendant have a case? Because the Plaintiffs complaint on the small claims summons are inconsistent with what actually happened.
I worked in a UK country court. I loved my work and relationships.
Thank you for explaining the process . Could you please advise of the following ;
1. Do I need to submit a court trial bundle, if I have already sent all the evidence to the court and defendant.
2. The defendant did not send me a copy of their Directions Questionnaire, so unable see if any witnesses will attend . I really would appreciate your guidance . Thank you
Excellent video BBB
Many thanks for the great video. I would like to go to the Small Claims Court regarding the boundary dispute. My next door is a Council House. The council erected the fences on the 2 inches towards my land. I would not bother about 2 inches of trespassing if I could install my garden gate. They installed the fence post diagonal so I cannot hang my garden gate. Even if I managed to do so, it could only open about 45 degrees - not fully. The council initially accepted the issue however, then they decided not to correct it as they realised they needed to remove them and reinstall the fences (about 3 m long). The boundary is straightforward as it was continuing line from the shared alleyway. I wonder if I can start a legal action via Small Claims court. Also, I wonder, what would be the legal deadline to start a court case? is it 6 years from the fences were erected or from the time I realised. Thanks
the witness statement is not easy to complete this form is more important then form N1, i want to ask when is beter to make witness statement is posibal to send all toghedher to court with form N1 and evidence
What happens when they get a CCJ but they leave the country?
Can your services be hired for a case?
Do private parking fines go through this process.
Taking Porsche GB to court as all avenues are ignored, thanks for the videos.
How did it go?
@@bobadams7654 probably not well 😂
Have you got any case studies to deal with sharing ihouse hold items ?
What if you already have been awarded a sum of money by a court and have the papers to prove it? A civil claim? The person concerned took out an Individual Voluntary Agreement (IVA) to try and avoid paying anything!
I believe you'll need to return to court and obtain a writ from the High Court. Their enforcement officers will then enforce the judgment. Be aware though there are probably extra costs.
You are now too late to enforce the judgement unless the IVA is void and you can prove that they are solvent
Question, Where does the hearing take place?
For example, Say I have a dispute with a internet service provider, I live in Sheffield but the service providers head office is in Reading.
Would I have to travel to Reading or would the defendant have to travel to Sheffield?
And can travel costs be claimed back?
When making a claim against someone, what do you do if they say that someone else is liable? For example a neighbours wall falls onto your car. You ask them to pay for the damage but they refuse and say that the builder is liable. Do you take one or both to court?
What do we call a small claims judge is it Sir?
What is the maximum you can claim for in the small claims court in the UK? Does it have to be a matter of a law being broken to bring a claim? You're amazing btw 👍
Depends on the country. In Scotland it's only up to 5K afaik.
I saw on the website that people on low income can get help with their court fees. There’s a form that needs to be filled. Can you provide some help on that please? If there’s anything in your library, please guide me to it. Thanks
Hello. Can somebody send me the High Court Form.to claim small missing money against to the public body (Institution) please? Thank you
Can you make claim against a University for breach of contract?
Can I ask.
Scenario: A claimant makes a claim for say £5000 and loses the case.
Can the defendant claim his/her costs for him/herself and any representation that they instructed, against the claimant ?
traditionally the loser must pay the winners fees
I have a question. I am the claimant and I am taking someone to court on the 22nd August. I do not have a solicitor and I am sure the defendant doesn't either, but due to the defendant has many county court unpaid judgment and hides his address due to people and companies looking for him I do not think he will turn up to my court hearing either. I was wondering that shall I hire a solicitor as I do not know the law and I have never been to court before.
Can you admiy liabilty in a small claim court to avoid a ccj
I have a case , where the buyer sue me because of an item not received.
In the past he opened the case on PayPal, and didn't want to wait for a result from PayPal and he sue me before the PayPal decision.
Now PayPal decided in my favour despite I send the item without tracking.
What should I do, do I have a chance against the buyer?
waiting of for this one as i have a question already. can i as a private person sue a company for not showing me a document that previously in a legal case was declared i should be able to see
If you go with freedom of information act or personal access data request I don't believe you could be wrong. I'm not legally trained. Things get easily complicated. Easy things become complicated.
good question, what happens if another party defies an order or procedural rule?
@@TF-te5er just show that e-mail to court
FoI and DPA SAR done. Refused as said contained commercial info. Asked to redact but still refused several times
@@adamfreer32 for DPA Breach > send claim to ICO to investigate, warn offender & action legal recourse for you.
my only question would be :how the heck would you have so many judges for that.. it would take milion judges to handle all the small claims.. or waiting period of 300 years..
The Court process is hugely under funded. More ppl are being ripped off or scammed and more ppl are looking for justice.
The Alternative Dispute system is also hugely underfunded and lack discretion other than the discretion of shutting down cases, the ppl employed by the ADR firms are under qualified and lack the knowledge and expertise of the Courts.
All that training has to count for something.
Love your stuff! I have a question…can the police seize a phone from a witness to an incident for evidential purposes. For example, if I see a guy being beaten up and for whatever reason I don’t intervene but whip my phone out and start recording. If the police turn up and they know I’ve recorded it can they seize it for evidence or force me to hand it over?
They should arrest u for recording when u should be helping the poor sod being beaten up.
@@borntodoit8744 physically intervening might not be wise. Call for police etc and gather evidence. Yes, intervene if safe to do so.
What about a claim for £500
I have been to a number of small claims, and very often the DJ has not fully read or fully understood the documentary evidence presented. Often a DJ mind has all ready been made up based upon a very poor understanding of the evidence. At the start of one civil action, the DJ explained his understanding of the claim, which was totally incorrect. Both parties had to interject a number of times during his speech to correct him. The rest of the hearing consisted of a lot of yelling by the DJ at me for having to constantly interrupting him to set the record straight many times on his poor assumptions in his supposed understanding of the claim. It was clear to see the DJ had not read all the evidence or worst had speed read it all and failed to understand what the claim was about. The DJ final judgement was that the defendant's two 8-week-old dogs had not widdled all over the house and ruined the carpets. His judgement was the stains were likely to be from spilt tea or coffee. The man was an utter BAFOON! And a disgrace. He failed to even consider how does anyone spill tea or coffee in the corners of many different rooms, some rooms where tea or coffee would not be drank in, like a baby's nursery, or a bathroom or by the front and back doors.
This is exactly the experience I had, despite substantial evidence presented on my side, the judge was dismissive, seemed to accept defendant's poor verbal defence as well as sparse witness statement, fake witness statements, none of whom turned up, only 2 emails as proof! I need to appeal, have a transcript, do you know anyone that can help please? Have 21 days from judgement on 13/06/22, only received partial judgement of amount I sued for.
Thank you
@@NA-wm1lc first, you won't get a copy of the judgement until 3 days before the 21 days are up. The judgement letter may not reflect the actual judgement.
@@pacman4568 thank you for your prompt reply, the judge advised not to wait for the judgment to file the appeal during delivery of his judgment oddly enough. I have a transcript of the hearing...do you actually assist in small claim cases?
@@NA-wm1lc No, I'm just a bloke like the rest of us, but I do have a fair bit of experience in civil courts.
In my own experience, this is why it's essential to succinctly summarise your case in as few words as possible.
While having additional "supporting evidence" available in the pack is always helpful, try to present your case as a simple almost yes/no argument.
Remember, the Judge has a lot of cases to read through and you don't want to bog them down in superfluous details.
I test my summary by reading it to someone then asking them to tell me what they thought I'd just said.
KISS Keep It Simple Stupid 😉
I'm going to start a claim against a con-artist who scammed me out of a £1,300 camera with a fake PayPal email. When I cottoned on and googled his name & address, I found he was listed as a habitual scammer, even charged with benefit fraud 20 years ago. Am I allowed to bring up these past behaviours to strengthen my case?
Yes, because their past behaviour is directly relevant to the case. You might want to look at a criminal prosecution for fraud or something too.
Hello sir, thank you so much for taking the time to explain things and giving your valuable expertise. Could you answer a question for me please? I was recently sent an invoice for parking where I shoudn`t and received repeated letters for payment. Just the other day I received a demand for the same payment from a different company. Can this second company take me to court for this alleged debt? Thank you in advance sir for your help. Kind regards, Paul.
Dear Sir, Are the PCN's issued by a private company generally taken to a small claims court? Thanks
great timing, my case is up in two weeks. while i am the claimant im still a bit nervous. i didnt know you could ask the defendant questions, ive got tonnes to ask. i just hope i get a favourable decision. its horrific to work for someone and then have to go out and find more work to pay for the debt you got into working for the previous client. not to mention all the difficulties it causes with personal relationships "why cant you pay your rent??" etc.... how much interest do you put on that?
In a small claim if the defendant does not deliver his evidence within the proscribed time will the said evidence be disregarded?
It can be, depends on the order and judge’s discretion
Great video. I have a question please? How can you add new evidence to the court bundle prior to the trial, or can you add it during the hearing? Thanks in advance
i'm disputing admin fees that have been added to the service charge of my flat, these are admin fees for late payment, legal fees cos they got debt collectors involved, and the actual service charge as i have been given just the one invoice for all this. i'm wondering what the situation is about having legal fees appear on the same invoice as service charge, as i have no idea which fees have been paid, and which are outstanding - should these fees be invoiced seperately? and by law?
Is it possible to visit a County Court in London to hear the cases and learn how the system works?
i thinck yes
Open to public cases, yes. Most criminal cases are closed, many civil cases are open.
Can you take anyone to speak on your behalf , or does it have to be a barrister or someone who is practicing law?
Hello I desparately need help with filing an appeal against a county court judgement given on 13/06/22. I am the claimaint and did not receive the full amount I sued for, judge was not well versed with witness statement and evidence, kept asking in hearing for references etc.
Please help I have 21 days from 13/06/22 to file, thank you
Can you help please?
I have been awarded as the Claimant, an Online claim for the Sum of £3,300. It is for a Vehicle I purchased and my Ex Boyfriend decided to retain it!!
How can I Enforce this please?
Can the Police help at all?
Also, I have Won a 'Return of my Dog Order' yday from the Judge, as the Claimant! My Ex Boyfriend (same) kept my dog from me for a year!!
How do I Enforce this too please? I have a Molestation Order, which ends in April. Can I contact Police to meet me at Property I believe she is ?
I believe they have Powers of Arrest if they do not hand her over? Theft!
Please advise?!!! Please, please, please⁉️⁉️
Thank you. Michelle 😊
Thank you for these videos which I'm finding useful. A barrister friend recommended that I use a Part 8 claim rather than a Small Claims Track for a breach of contract. I can't work out the difference. We are seeking reimbursement of a deposit. Value is under 10k. Would it make any difference to use Small claims rather than Part 8?
Part 8 claims are best when there ISN’T a substantial dispute of fact.
Also for certain matters involving inheritance or trust it has to be used.
Witness statements have to be filed immediately and if they aren’t then the respondent will need permission from the court to make representations at any subsequent hearing.
I live abroad. Can I have a small claim session by phone?
do you have to go court yourself or can you be represented?
If evidence is on Facebook messages, are screenshots enough to take to court as evidence
I have had the misfortune to twice experience this farcical system . It’s based on ‘fact’, ie whatever is presented as a large amount of ‘evidence ‘ , although utterly false, may well be believed . In both my cases the opposition lied through their rotten teeth so convincingly (on one occasion clearly breaching Court protocol) that the ‘judges’ found in their favour; on one occasion aided and abetted by a ‘lawyer’ who was clearly thoroughly dishonest and adept at bending the rules. The other case clearly showed that the opposition was something of a ‘mate’ . Impartiality? Forget it . It’s a corrupt system, which plays into the hands of big business.
Hi, I’ve been ripped off through eBay, and they did a dispute outside of eBay, (they did a charge back through the bank) and sent a false item on return. This is classed as postal fraud and the courier still have the false returned item at there depot, would this hold up in court as the courier still have the item and they’ve gotten a full refund and kept my item? Thanks. I had to pay damage costs off 700gbp
My employer owes me money dating back to 2020. Can I make a small claim for those unpaid wages ? Employment tribunal won't work as it has been more than three months ....
If no one will legal knowledge replies, Then I would ring citizens advise, maybe they can help you out.
Yes. Time limit is 6 years.
Provide your employment contract as evidence along with any proof that you did the work.
You can claim interest at 8% per year also (plus the Bank of England base rate)
Good luck 🤞
I showed proof ... they didn't.. they gave verbal statements and hearsay. ... to when the case. What. Happen
only 25 minutes to go......
1:25 1:27
Could I use this process in a breach of the questionnaire filled out by the sellers of the house I recently bought? They ticked the box to say the house would be cleared of waste... Basement was full of crap and will take enormous amounts of time to clear myself, or lots of money to hire someone to clear.
There was a guy on the HousePriceCrash forums who had a similar problem, in his case a garage full of rubbish. IIRC his solution was to go back to the conveyancing solicitor and have them threaten the vendors with legal action for storage costs and breach of contract.
@@loc4725 already contacted my conveyancers. They brushed me off, saying they're only conveyancers and not litigators
@@The_Giant_Lemon Sounds like they're just conveyancers and not proper solicitors.
In any case I'd suggest that your contract with the vendors said something along the lines of "Seller shall clean the interior and remove all trash, debris and rubbish prior to the buyer taking possession.", so by leaving the debris there they are breaking the contract and potentially liable for your storage costs as well as the reasonable costs of clearance / disposal.
A chat with a proper conveyancing solicitor might be a good idea although if it were me I'd notify the vendor and give them 14 days to collect after which it's £50-£100/day storage fee and a small claims court application 14 days after that. I'd also send them a copy of the completed court application to show I'm serious.
I watched many CZcams videos including yours. But feel that having now lost a case that most of this advice is useless. Why? I will list some reasons here.
1. No mention of consumer rights act 1974 (if you didn’t sign a contract including terms and conditions you might as well give up asap) I know you will say I should have known this but surely some of you legal experts should have seen failures based on this alone.
2. No mention of huge amounts of time involved in prepping these cases. (Time is money in business better to carry on with your business than waste time trying to pursue non payers) after all you don’t get paid the amounts legal professionals get paid.
3. Most of these advice videos are so poorly constructed that they fail to include advice to defendants on claiming costs ( this was the only thing I came out of court laughing about the defendant had not brought any invoices for his costs and the expert opinion had not provided a reinstatement cost for the rectification of the supposed problem) this cost the defendant at least £1800 in the end he got back the £400 he had paid me for part payment and £80 court fee)
Be careful everyone remember that these videos are to win legal professionals work and the system is for legal experts even though it’s called civil claims. When I mentioned to the judge at the end of the hearing that there was a lack of information his reply was “if you want to improve the system YOU email the court system” interest on the judges part zero. It’s just a job. YOU HAVE BEEN WARNED!
Just watch Judge Judy.
Its not like that in real life
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