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What happens during the hearing
Judge assigns date and place of hearing after getting direction questionnaire from all litigants. The document with date of hearing and court direction is sent all participants. Court direction contain information what defendant must provide to the court and how to they should be prepared to the hearing.
Drafting Particulars of Claim
Pre-court letter before action
Recoverable costs in small claim court
Small claim process has really strict rules in regards of what cost could be recovered. Court rules is set up limited list of cost and it amount that could be claimed in Small Claim Court.
Which costs could be reimburse in small claim case is governed by CPR 27, specifically Part 27 paragraph 14 and practice direction part 27 paragraph 7.1-7.3 “Costs”
Next to do after claim started
MCOL service issues the small claim generally within 2 days after submitting. Claimant will get a notification about date of issue on e-mail or could check it in MCOL account in section “Claim Overview”
How to amend a small claim?
If you wish to amend a claim that has already been filed, first of all you will need to complete and file a form N244 – Application notice.
You must provide 3 copies of amended particulars of claim together with a form N244.
How to format initial and amended particulars of claim:
Writing witness statement
Format, body and heading of witness statement is described in details in Practice Direction CPR 32 paragraph 17-20.
Set aside judgement
What is set aside small claim judgment? It is procedure of removal issued county court judgment (commonly referred to as a CCJ) when:
- defendant fail to attend hearing
- wasn’t aware about small claim case.
Default judgment may be issued if defendant fail to reply within 14/28 days and didn’t contact with court or claimant. As soon as defendant is aware about entering default CCJ he could ask court to remove judgment on basis that party haven't been able to defend himself.
CCJ and credit score
Any CCJ issued against person is entered in Register of Judgment, Orders and Fine. Generally, credit reference agency such as Call Credit Check, Equifax plc and similar keep information about all judgments against persons.
Even if you pay money by your judgment it could seriously affect credit rating and impact on ability to get a loans, credit card, mortgages and credit interest’s rate.