Anyone Ever Been Taken To Court ?

[Jonathan]

I've issued proceedings in the past but not been on the end of it, which is a new experience.

Someone is starting proceedings atm and the day is up on Wednesday I belive before they have instructed to take matters further. I have done everything to reply, sent numerous letters to the solicitors and the other party but had nothing in response to date, although they did take the silly step of making wednesday the start/stop of the 7 days (which is clearly delierate).

This is all well documented, dated, timed and so on so my bum bum is covered (at least in my mind it is). I'm confident the court will settle the deal in my favour as I am sure these are just bully boy tactics, I do have a some credible evidence but didn't know what to expect as far as a ruling and court fees.

Is it wise to go about getting a solicior myself - I've actually been court trained so I kinda know what to do/expect.

Also the other party has chosen to use a solicitor the other side of the country (ie the longer side) I assumed that was a ploy to get me to not turn up or have to employ a solicitor of my own to appear on my behalf - should the court hearing however be mid way between both parties and not 100's of miles away ?

Just know a few people on here have knowledge of this, wouldn't be any trouble going to citizens advice but thats another day I have to book off and claim back for !

Any chat back is much appreciated.

[Tentenths]

Jon, there's a very good chance that your parents' home insurance policy includes a Legal Advice Helpline (the majority do these days). Most - but not all - provide cover for all members of the household. A quick look at the policy docs should confirm one way or t'other.

All being well, a quick call to the Helpline should elicit the info you need.

James

[Jonathan]

Great info - thanks for that, I'll have a looksie.

[Backmarker]

Jono,

You have a PM.

Graham.

[Jonathan]

Cheers - you're an extremly kind fellow

[geoffsmith]

From personal experience, try and resolve it without getting solicitors involved. If (as it sounds) that's not possible, then as James says, check for legal cover. Make sure you have a copy of everything and try to see a solicitor with it asap.

An ex-neighbour gave us grief a few years ago (long story) and the family were subjected to abuse, boundary disputes, gates permanently blocked etc. etc. which wasn't too clever as we were trying to sell the house. Lost a house sale on the day of contract exchange because of it, so passed it over to solicitor and spent another year as the neighbours tried to be clever buggers by reading 'Dummies guide to soliciting'. It ended up in court so they eventually got a solicitor, but our barrister successfully argued that because they claimed that they 'couldn't remember' any of the incidents, they shouldn't be allowed to submit evidence. I was allowed to present my evidence (dozens of photos and log of events) and they or their character witnesses couldn't say a thing. The judge found in our favour and awarded 100% costs and compensation in our favour. A smart barrister made all the difference that day, as it ended up costing them

[Jonathan]

Yup I have tried - their solicitors were suprised when I mentioned I had tried to settle but not heard anything, they assumed I had simply refused to pay anything which is not the case, never has been - problem is it's got to a point where I wont back down becuase of principal and IMO they are using rather cheap bully boy tactics to fiddle as much money out of me as possible which doens't settle with me too well.

Good news on your case then - we have annoying neighbours but not nasty ones (they're just inconsiderate) - I would HATE to be in a position like what you described !

IMO my end works out - however I have been in court as a pro-witness and a juror before and gone "WTF !" at some of the decisions made, so I am aware even though I think it's pretty cast iron it can go away from me - in which case I only lose court fees but gain the experience from it (always take a plus from a negative). I still think it's stupid though, I am willing to reach a compromise and have a weight of evidence but they'd rather take it to court and have a judicator reach the same conclusion.....

Whats the deal on where the hearing is supposed to be held ?

Anyone know ? As I say I thought it had to be somewhere local to both parties, the only reason they're going so far away is to make the odds of me not turning up higher ? What if I employ a solicotor local to here ?

What ever happened to the good old pistols at dawn !?

[mangel]

A friend of mine has just been involved in an access dispute all payed for on his house insurance. It has all gone through court etc etc and found in his favour but the other party is still claiming he's to poor to pay out and still denying access so the courts decision doesn't always help!!

We had an issue with noisy/abusive neighbours some years ago in the rented property next door. Spoke to landlord etc and he said he'd have a word but it made no difference.

I went away for the weekend in the end and invited some of my less than savoury aquaintances to come over and have a party (we were due to decorate so provided the shell was still standing wasn't to bothered). Never had a problem after that and the renters moved on about 3 weeks later. Funny really, they'd been quite chatty (read verbally abusive) up to that point and they never even said goodbye!!!!

[DanR]

Have you considered mediation? Worth suggesting and if the other party declines could indicate to the magistrate at least one of the litigants, you, has tried to reach an amenable resolution.

[John V6]

My advice over the years is that only one person wins, the legal system.

Try and sort out without the legal system.

always remember one case landed up in the International Court, we may have won the verdict but in costs Internation Lawyer New York made all the money.

[fmxa]

As others have mentioned, the only people that win are the lawyers. We've been involved in a property purchase that went south after the seller signed the contract, opened escrow then decided he could get more money for the property by selling it to a friend. To cut a long story short, it cost us a FORTUNE in legal fees and 3 years to get the property which we are still not in posession of yet. Even when we get the property lord knows what state it'll be in - a lesson learned the hard way .....

Edited July 10, 2007 by fmxa

[Evil_Dr_Fish]

If it's the small claims court then you CAN apply to have the case heard at a more 'convenient' location... There's a LOT of info on the net about making small claims (which of course then advises when being claimed against)

Nothing I could ever constructively add next to anything Graham could!

[Jonathan]

I have tried mediating and sorting out of court, the prob is the claimant doesn't seem to want to discuss matters, I believe this is becuase it'll look very bad on them....basically they'll be admitting they tried ripping me off close to

[geoffsmith]

From what you'd said Jonathan, I suspected it had gone passed the reasonable stage. The way you were talking about it brought back some unpleasant memories. Why the hell do some people do it, life's too bloody short as it is.

Their solicitor admitted to mine that it was crazy, but he was 'acting under instruction' - I think you can interpret that as his client is going against his advice but while he's still being paid, he'll do whatever he's told. The judge also said that it should never have come to court, but on the evidence we presented (numerous offers to settle reasonably and amicably against their pitiful counter offers), he understood why it had. I wonder if it's worth your while making one last offer, quoting all your grievances and quoting any reasonable offers you have made in the past. At least you can show you've been reasonable and willing to settle right to the end.

Good luck with it all, I sympathise with what you must be going through but stick to your principals and do what is right.

It has all gone through court etc etc and found in his favour but the other party is still claiming he's to poor to pay out and still denying access so the courts decision doesn't always help!

Same happened to us. Self employed builder with bad arthritis offering to pay

[superdavelotus]

Was this the company who took your car to finish the suspension off and chipped away at it. then charged you an hour for everytime they touched it?