Small Claims Court

[pussyfoot]

I took a tradesman to the small claims court today who charged me for materials he broke. The claim was for £300.
I had a kitchen re-fitted having had a stroke. I'm a single 60yo female on disability benefits.
I lost the case as he lied so much in court (I know people do) and the case went against me.
Can you tell me what I'll have to pay him now? He's self-employed, travelled about 23 miles to court and we were there for 3 hours. He says he's going to claim hundreds from me now for the loss of earnings and quite honestly I'm just so terrified.

[Buenchico]

We might need Barmaid here for a definitive opinion but, if the guy didn't ask the court to award costs on the day of the hearing, I think that it might now be too late for him to do so anyway.

Even he could get an order for costs, it's unlikely that he could persuade the court to award more 45p per mile for his travel, as HMRC deem that to be the maximum reasonable figure for mileage costs. So that's 46 miles @ 45p = £20.70.

With regard to loss of earnings, the maximum amount that a court can award in a small claims case is £95 per day. [Practice Direction 27A].

So
(i) I suspect that the guy can't get a penny from you anyway ; and
(ii) even if he could, I can't see how the amount awarded could exceed £115.70.

I feel confident that you can safely ignore any reference to "hundreds".

[barry1010]

"You do not have to pay the defendant's costs when using the small claims track unless you have failed to follow protocol."

https://www.moneyclaimsuk.co.uk/small-claims.aspx

[pussyfoot]

Thank you for your help.
Buenchico, I'd struggle to find £115 as I'm still paying for the work, so I really hope you're right.

barry1010 - I followed everything by the book, so if Buenchico is right would I have to pay the travel expenses. I'm so sorry for appearing thick & stupid. I probably am.

[Buenchico]

I can think of several people on this site who sometimes come across to me as "thick" and/or "stupid", Pussyfoot, but you're definitely not one of them, Pussyfoot ;-)

[barry1010]

Did he ask the court to award costs?

[Peter Pedant]

On the facts in your post now - -
nothing

why or how are you speaking to him? he is not STILL doing the work is he?

when was the case? have you got a copy of the CCJ? Did he counter claim? how much did he claim at the time? what did the judge say?
it should look a little like this

https://www.bankruptcyadvice-online.co.uk/ccj.shtml

To the right there is a grid: look at the grid and the numbers
There may just be writing and no numbers

in which case you pay nothing

you only pay what the judge ordered

[Peter Pedant]

If he is ringing up and shouting a at you
just say sweetly - - I will await events

sleep well - nothing is gonna happen

Later claim for this that and the other - forget it

( and yes I have been there: " There is no claim. This has been decided by a judge on the Xth of Y month 2021")

Judge Judy - ged oudda here - a claim shall not beget a claim!
or here
interest rei publicae (Boris again I am afraid) sit finis ad litem
( it is in the interests of the republic that there is an end to litigation)

nichty

[davebro]

I don't think it's a "judge" or a "CCJ" at the small claims court.

[Peter Pedant]

oh OK

( er read the book and you will find it is a district judge - and the bit on the top says CCJ but what the hell this is AB. )

from the internet
How to take legal action if someone owes you money (small claims court), how much it costs, what happens ... This is called a county court judgment (CCJ).

[pussyfoot]

Barry1010 - there was only me, the tradesman and the judge in the room due to covid if you mean did he ask the judge whilst in there - then no he didn't, isn't it applied for separately? I know I sound dim, but having ruptured brain aneurysm & stroke I process things so slow - the reason I got walked all over in the court. I'm just so frightened of what it'll cost me now and wish I'd never tried to claim it back!

[Buenchico]

>>> I don't think it's a "judge" or a "CCJ" at the small claims court.

Yes it is. There isn't actually such a thing as a 'small claims court'. It's just the small claims track through the county court system, where a judge issues CCJs.

[Buenchico]

>>> you mean did he ask the judge whilst in there - then no he didn't, isn't it applied for separately?

To the best of my knowledge, and as I indicated in the first paragraph of my initial post on this thread, an application for costs has to be made at the time that a CCJ is either made or refused. I'm unaware of any procedure for seeking them at a later date.

[Peter Pedant]

Remember you were there
and we werent

Did the tradesman apply for any money to the judge on the day?

we are saying if he didnt on the day, - he cant now.
he may say otherwise, so you must just wait....

( and yes again, I have been there, and no if you dont apply on the day then you are screwed and yes it IS called a CCJ ( but you didnt get one) and yes the fella is called a district judge)

[Barmaid]

If there were no application or order for costs at the time, there should not be a liabiity to pay unless in the unlikely event the Judge gave him leave to submit his costs within 14 days. But if you were there and you cannot remember any mention of costs, I reckon you will be OK. If there is no mention of costs in the Order (and a copy will be sent to you), that's it.

And Buenchico is correct at 21.54.

[pussyfoot]

Thank you so much for the replies.
There was definitely no mention of any costs or anything from the judge. I didn't realize the judge would say in the courtroom there & then what, if anything I'd have to pay, I thought I would be automatically billed in the next week or so for what he says he's lost in earnings etc.
So if I hear nothing within two weeks then the case is done & dusted?