Being sued in "small claims court", some questions on what to expect?

C

CRESPO

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Hello everyone .

I' ve been summoned to the Small Claims Court in three weeks time and I was hoping to get the feel of what to expect.
Few questions:

1. If I lose the case would it be likely that I would have to pay the lady who is suing me her costs on top of the €1950 she is claiming off me and how much could that realistically come to?

2. Should I bring a solicitor with me ?

3. Is the court held in public ?

4. Is the complaint held in the main court room ?

5. How long does it take ?

6. Win or lose the case can I be sued a second or third time by the same lady (the contract was for building of a conservatory -she is claiming that there are scratches on the windows and that some of the window boards are of inferior quality-could she hit me again next month with something ridiculous like saying the tiles on the roof are discolouring ?
A lot of people have been advising me to pay her the €1950 because the judge will always rule against a builder and put it down to experience to save the court hassle but I can stand behind my work 100 per cent. Unfortunately the judge can only take my word for that. I have previously offered her €500 as a gesture of goodwill to shake her off but no move -she is holding tough for the full court scenario.

7. One other question: are the media allowed report on the case-obviously I can do without the adverse publicity?

Finally, I can assure any AAMers who have had bad experiences with builders that I am not one of that type and that I am only getting whats coming to .

Thanks for your replies in advance.
 
Hi Crespo,

Most of the information on the [broken link removed] is from the point of view of the consumer. I was able to find very little from the perspective of the respondant.

Has the [broken link removed] of the small claims court spoken to you? Have you asked the registrar these questions?

In any case if you think that this is going to become a feature of carrying out your business I would contact a solicitor if only to advise you on how to handle the situation.

aj
 
Ravima-yes , I have employers liabilty , public liability and all risks contractors insurance but I would not dream of passing it over to the insurance because it is not a genuine complaint. Homebond would be a waste of time contacting as well even if the complaint was a genuine
one as they only deal with structural defects. Even if the insurance company did pay up ( which I doubt very, very much ) sure this lady would be back next month with another claim. I don't want to encourage her and in the meantime increase my insurance premia for ever more.

Ajapale-I have spoken to the Regristar-he too finds this lady impossible to deal with and has conceded it will have to go to court even though he knows I am in the right.
 
You could have a look at the forms on www.screwfix.com. It is UK based, but there are a number of discussions over been taken to court by customers over the same sort of things.

Towger
 
I suggested the insurers because if you feel that strongly, then why would they not defend it for you?

Even if you do not wish them to deal with the case, they may be able to assist you in defending or asking the right questions or at least pointing you in the way of someone who can help.

they may have dealt with previous similar claims and more importantly, would be able to cheqk if claimant had any previous claims history.
 
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