Veronica Newman has practised common law for nearly 22 years and in her time has lectured on the subject. In her book, 'Small Claims Made Easy', she demystifys the law by explaining the small claims process in her informal and easy-to-understand style. LP: Veronica, with your experience in common law, would you say that the Small Claims Track is a complex process for the beginner?
VN: Anything with which a person is unfamiliar can seem alien. My book helps you to become familiar with the small claims process. To do this, I've woven a story into the fabric of the book. It's about a couple who make a small claim when their new UPVC conservatory fails to live up to expectations. I'm sure it's a familiar story for many people. The book shows how they progress through their claim and how they eventually go to court and tackle the trial. In the best traditions of storytelling, I won't reveal the end result!
LP: Do more people settle disputes out of court than before a hearing?
VN: Yes. There are thousands of very sensible people out there. Ask any experienced lawyer or debt recovery agency and they'll tell you the same thing. The number of cases that are settled far outweigh the number that go to trial. Often all it takes is a County Court Claim Form to get the debtor to see sense and pay the debt.
LP: Does your book encourage people and equip them more to settle out of court?
VN: The chapter on avoiding court is aimed at helping people to avoid unnecessary disputes. The stress of what may seem like a minor claim to lawyers is significant for the non-lawyer. To begin with, they will never feel in control of the process since the decision is down to the District Judge who hears the case.
Also, although the Small Claims Court is designed to be accessible to the public, it still involves the use of words that are unfamiliar to those unconnected with the legal profession. For this reason, there's a glossary of legal terms in the book. So the book is aimed at helping people to take control of their own dispute where they can. However, there are always disputes that cannot be settled so the majority of the book is focused on winning a small claim in court.
LP: Since it's not in the interest of the claimant to pay legal fees for small claims, how important is it for people to be well informed on how they can represent themselves?
VN: Knowing how the process operates can give you the confidence to pursue a claim rather than you feeling that there is nothing you can do about a debtor who persistently fails to pay. Unpaid debts can be a threat to the financial stability of small businesses that rely on good cash flow. We all use garages, shops and other small enterprises that cannot justify paying a lawyer or a debt recovery agency.
LP: Is the small claims process a long and tiresome one, or can people get money owed or compensation quickly if the judgment is ruled in their favour?
VN: The process is designed to be quick. Generally, it will be three or four weeks between a case being listed for trial and being heard. It can be longer if a particular court is busy. How long it is between starting a claim and the trial depends on whether the court has been able to bring the case to the attention of the debtor. But, again, very generally, it's about six to eight weeks.
It can be much quicker. Many cases will be started and heard within two months. But obviously if your case is transferred from one County Court to another, it will cause delay. After that how quickly you get your money depends on whether the debtor accepts the judgment and pays or whether you have to enforce the debt by taking other steps. There's a chapter about this in the book.
LP: If you win your case, what happens if the defendant continues to ignore attempts made by the court to recover they money they owe you?
VN: The court isn't responsible for enforcing debt. The court can issue a warrant that entitles the bailiff to go to a debtor's business premises or home to seize his goods. These are then sold and the money recovered is passed onto the claimant who is owed the money. (I recall seeing a daytime TV show dedicated to the work of a bailiff!) If that avenue fails, then a creditor can ask the court to issue an order to make the debtor come to court and explain precisely what assets he has and how he's going to pay the debt. Sometimes the information gained from the court interviewing the debtor in this way will reveal other assets or a regular job. If the debtor has a regular job, then you can ask the court for an order making his employer pay a portion of his salary to you each month until the debt is cleared.
Sometimes a debtor may be owed money himself. There is an order the court can make to ensure that money owed to the debtor is paid over to you. The precise way this works is included in the book.
LP: Faulty goods, shoddy builders and rogue estate agents shouldn't be a fact of life but are. Would you say your book empowers people not to put up with the short straw?
VN: Personally, I'm not convinced that the world is full of shoddy builders or rogue estate agents. I've even acted in the past for estate agents who were entitled to their commission and for builders who did a competent job. But where goods and services are poor then I hope the book will encourage people to seek access to the Small Claims Court. I hope my book recognises that everyone needs a helping hand with things that aren't familiar to them. Of course, anyone who acquires a new skill will gain the confidence that goes with it and this is undoubtedly empowering to some people.
LP: Do you share the view that the British as a nation can be too polite to complain and we don't always know what we're entitled to?
VN: We don't always appreciate what we're entitled to but even if we do, we may feel unable to assert ourselves appropriately. This is why the second chapter of the book is focused on communicating the cause of the dispute to the person or organisation that can best deal with it. It's why Chapter 2 does discuss alternative strategies for avoiding court - especially mediation. Sometimes all it takes to get a good result is a well-directed and well-thought-out letter. At other times it's pointless to discuss a matter and a swift Claim Form is the appropriate way of dealing with a complaint.
LP: Do you think, for some people, becoming a victim of unsatisfactory service or poor workmanship can sometimes make them feel responsible?
VN: I've got the perfect example. My father watched with delight as our six year old tore open the wrapping around his Christmas gift - the 'must have' present for followers of 'Doctor Who' of a radio-controlled 'dalek'. There appeared to be no problem at first since it soon threatened, in the season of goodwill, to exterminate us. But when our son said the aerial was missing I did wonder whether I should have kept a closer eye on how he got it out of the box. Perhaps our little boy had inadvertently parted with the aerial when he was enthusiastically throwing around the paper or maybe he accidentally destroyed it. Then my father added that he'd noticed the adhesive tape on the box had been replaced and wondered if he should have queried this with the store when he bought it. However, when we reluctantly returned the item to the store there was no problem and we were happy to accept a replacement.
With building services or other professional services, the feeling of being responsible can be even more intense. In the case of building, for example, it can be difficult for people to appreciate how precise they need to be about specifying what they want. They may have felt, at the time they discussed the work, that the builder was perfectly aware of what was needed. It's hard then to say otherwise without feeling silly. For example, if the aim of building work is to tackle damp, a householder must ask the builder what the cause is and whether what he proposes will cure the problem or whether other work may also be necessary.
Quotations for work need to be sufficiently detailed to give a realistic idea about the quantity of building materials, the labour involved and the potential for extra unanticipated work. Unfortunately, this lesson may only be learned by harsh experience. In such cases the consumer is bound to feel that they were partly to blame and this may deter a householder from asking the builder to look again at his bill if the damp isn't cured.
Sometimes a failure of communication is what lies at the heart of a dispute. The training of complaints panel staff for the Dental Complaints Council includes a case where the dentist had failed to explain clearly that a certain treatment was necessary and had permitted the patient to make a choice that wasn't appropriate. Sometimes it can be difficult for a service provider to stand up to a customer and say that he won't tile a wall with failed plaster until the plastering has been renewed. It can be easy for the tiler to say to himself, 'Be it on your own head' rather than to manage the expectations of the customer appropriately. But he shouldn't then be surprised if the householder complains that the tiles have fallen off the wall after a short period of time.
LP: Do you think that the legal process is too distant and daunting for the man on the street?
VN: Lawyers are more aware than ever that the law is about serving the needs, rights, interests and obligations of the public. The delivery of legal services is much more customer focused. For example, the old idea that a barrister could only be accessed through a solicitor is changing. Some barristers, such as my husband, now see clients directly rather than through a solicitor. Lots of professions are making a serious attempt to demystify what they do. I hope that my book helps to do this for the Small Claims Court since it was introduced precisely to serve those who simply cannot afford a lawyer.
