Zain Legal & Co

SOLUTION TO YOUR SMALL CLAIMS COURT

Zain Legal & Co. SOLUTION TO YOUR SMALL CLAIMS COURT
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Introduction to the Small Claims Court

If you are taking someone to the small claims court, then you will be referred to as the Claimant and your opponent as the Defendant. You as the Claimant must prove your case in court on the balance of probability and the burden is shifted upon you as the Claimant to prove your case against the Defendant.

Small claims hearings are often heard in a county court by a District Judge in your local area or you can ask for the hearing to be transferred to another court local closest to your area. It is often used to get compensation or your money back if something’s gone wrong. Small claims are never usually for more than £10,000. If you are owed more than £10,000 then the small claims court will not be ideal for this type of case. Your case is suitable for the small claims court if you are claiming anything from £1.00 to £10,000.

You can use small claims court for things like:

  • A faulty product
  • Poor service
  • Being owed a refund
  • Disputes with your landlord – for example, if they haven’t done minor repairs
  • Being owed money for work you’ve done
  • Accidents when you’ve been injured – for example, a car accident

You can also bring your landlord to small claims court if your landlord is responsible for repairing something and either:

  • They haven’t repaired it and the estimated cost of repairs is up to £1,000
  • They’ve repaired it but you’re claiming compensation of up to £10,000

Compensation could be for things like inconvenience, stress, cleaning, or extra heating costs. There’s a time limit for claiming for repairs that your landlord knew were needed but didn’t fix in a reasonable time. You must claim within 6 years of your landlord knowing the repairs needed to be done.

Challenges in the Small Claims Court 

It is estimated that in the small claims court the claimant could be waiting at least 33 weeks before your case is allocated to the small claims track which can be lengthy and frustrating for the claimant. Since the pandemic there has been a huge backlog of small claims that the courts are dealing with and your case to be heard can be delayed further and be allocated to the small claims court in 12months from you submitting your claim which can delay the process of you getting justice, this could make you feel angry, frustrated, and make you give up pursuing your opponent in the small claims court. 

 

The courts state that before you start a small claim, try to solve your problems another way if you can – for example, by making a complaint or using formal mediation, as it is quicker and you can resolve your dispute through mediation than going through the stress of preparing for a trial in the small claims court. If you are considering taking your case to a small claims court, then you also need to consider the stress of preparing your case for trial and waiting between 33weeks and 12months for your case to be allocated to the small claims court. 

Most of our cases that were ideal in the small claims court have been resolved by our experts through mediation and worked splendidly for both parties the claimant and the defendant as it was the most cost-effective method used to get the results they wanted for our clients. Generally. the courts invite and encourage you and your opponent to mediation as it’s best to resolve your complaint in the early stages through mediation. Lawyers will also benefit from mediating than going through trial and court hearings.

But ultimately it is up to you how you want to meditate; you can use a professional service to help you resolve your case or you can go to court and get the results you want. 

Problems that we are solving for you:  If you are taking someone to the small claims court, you need to ensure that you do have a case against your opponent and you have complied with the Pre-action Protocols this is something the court will consider. If you have not followed any of the pre-action rules, then your case will be struck out, and possibly you can be paying more money for not adhering to the rules.  

Zain Legal & Co is a professional legal service that offers expert advice to small business owners, individuals on a low income, or those not entitled to legal aid access justice at a fraction of a price compared to the high street law firm. We are 65% cheaper compared to a high street law firm and we have successfully defended cases in the small claims court for both individuals and business owners.

We are a small team with specialists’ skills, especially in small claims court. We try our best to save you money on your legal fees and look to resolve your problem in a quicker time compared to going to court. The problem that we will help you with as it has been proven to have helped our other clients is

  • Identify any gaps in your evidence for your small claims court hearing
  • We can proofread your claims form + particular of claims. 
  • We will see if your matter can be resolved through mediation and look for a quicker solution to your problem than going to the small claims court. 
  • We can help to see if you have a strong case to defend your case, prepare trial papers and see if we can represent you as your Lay Representative.
  • We will help you save money on your legal fees to see if you qualify for a fee waiver, so you don’t pay any court fees to bring the claim to court
  • We can help you recover your fees back for travel, hotel, and any other inconveniences you sustained for the court hearing.
Impact for not getting expert help with your small claims court hearing

Going to court as a litigant in person, is time-consuming and it is more frustrating if you have not filled in the claim form or particular claim correctly then your case will be weak in court, and you will possibly lose your case and be ordered to pay the winning party. If you do not follow the Pre-action Protocol & Civil Procedure Rules in your case then you can simply get everything wrong, you can be wasting court time and your opponent’s time, and of course, you will delay getting justice for yourself. 

It is best to get expert advice now to see if you can resolve your case without going to court by speaking to one of our experts in the small claims court team. There is a time limit for you to submit your case to a small claims court and failure to submit in time can result in your case not being registered as you will be time-barred.

Solutions to your small claims 

You don’t need a trial to settle – it is best to settle before litigation. We try our best to work with you and the other party to come to some sort of agreement before you take your case to the small claims court. Courts do have powers to encourage Alternative Dispute Resolution (ADR) and will order parties to do this to save court time and money. 

At Zain Legal & Co we will write a carefully worded invitation for you to send to the other party to engage with ADR to resolve your dispute, if the other party does not want to engage in ADR, then they will need to file a witness statement in 28days to why they object to your invitation to ADR. If they don’t then we can prepare your case for the small claims track as you have tried your best to resolve your dispute through ADR.

Action

Do you want to save money on your legal fees, save time preparing your case for trial, you want a quick and effective solution then Zain Legal & Co are specialists in small claims court cases? We have helped many clients resolve their problems without going to court through our carefully drafted ADR letter. We can also help you with your situation and see if your case is ideal for it to be resolved through mediation. We can defend, draft applications, go to court with you as your Lay Rep or McKenzie Friend, and guarantee you the results that you want. 

To discuss your case email or contact us now to book your FREE 15-minute consultation with one of our experts. Alternatively, why not register for our FREE eBook guide on how to win a small claims court.

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