SMALL CLAIMS COURT ADVICE May 2010

[831badger]

A relative of my partner has recently received papers from the small claims court from a customer he believes is telling a bit of a story in order to claim money from them.

In the small claims proceedure it stated 'particulars of claim to follow'.

 

This in mind and following the guidance from the leaflet enclosed with the small claims form. The relative did nothing except wait for the particulars to arrive (which they did not). On the 14th day following, the realtive wrote to the court and sent the letter special delivery to the court stating that no particulars of claim had been received and therefore queried if there was now a case to answer.

 

The relative heard nothing back and then out of the blue the court have issued a judgment in favour of the applicant and said that the relative is now in default. It further states that should the relative wish to contest this it will be best part of a hundred pounds.

 

No particulars of claim were ever received despite it stating that they were to follow and a letter was sent by the respondant to the court special delivery stating this.

 

How come the court have still found in favour of the applicant and what can the relative do now??

[maroondevo52]

Hi, badger.

 

Sorry I can't help but think this thread may be better in the Legal Issues Forum, I'll shift it there and hopefully someone will help.

 

Regards.

 

Scott.

[831badger]

thank you...any advice welcome and appreciated

[badfelafel]

Your relative should have made an appearance at the small claims hearing to say "the papers havent followed"

Is this is Scotland or England?

[sickboy]

Did they recieve a letter before action?

 

Sounds like an abuse of the process, which court entered judgement?

[831badger]

The relative would have attended court had they been invited but they weren't and there was no letter before action. It was Bow Street in London (England).

[sickboy]

The claimant is entitled to a judgement by default if the defendant fails to acknowledge service of the claim within 14 days.

 

Just checking the CPR rules:

 

The period for filing an acknowledgment of service

 

10.3

 

(1) The general rule is that the period for filing an acknowledgment of service is –

(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and

 

I'd phone the court to ask when the POC were served?

 

edit* Perhaps ask for the date that the Request For Judgement N205A was signed too.

 

Others will give advice on setting aside the judgement.

Edited May 22, 2010 by sickboy
Adding a little

[sickboy]

Do they have Public Liability Insurance?

[Endymion]

Irrrespective of whether the proceedings were issued and served correctly, in order to deal with the claim there needs to be an application to set aside Judgment.

 

This can be done by making an application under CPR 13.2 and 13.3.

 

In the application ensure that the Court knows that no Particulars of Claim have been served and as such, no service has been effected under a breach of Part 7.4 (1), (2) and (3) of the CPR, Practice Direction 7A - Paragraph 6.1 (2) of the CPR and Part 16.4 of the CPR.

 

However, be careful that the Claim Form itself does not include the Particulars of Claim as there are areas within the Claim Form (N1) where the Particulars can be written and as such may be considered as the Claimants case and as such, service has been affected.

 

If there has definitely been no service of the Particulars and no Particulars on the N1 then I would also include in the application pleadings to have the Claimants claim struck out due to the Defendant having no case to answer to.