Small Claims Court Case Examples & Precedents

 

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Particulars of Claim for a Debt

Affidavit for Summary Judgment

Affidavit for Charging Order

Application for Stay of Execution

Application to Set Aside Judgment

Defence

Particulars of Claim for a Debt

IN THE [TOWN]COUNTY COURTCASE No.
BETWEEN
 [IVOR PROBLEM]Claimant
 AND
 [JUSTIN TIME]Defendant

 PARTICULARS OF CLAIM 

1.

On the 31st November 20.... the Claimant lent to the Defendant the sum of £900.00 for the purposes of assisting the Defendant to pay his electricity bill.

2.

The Defendant agreed to repay the said sum within a period of 14 days.

3.

Despite numerous written and verbal requests made by the Claimant to the Defendant the Defendant has failed to pay the said sum and remains indebted to the Claimant.

4.

The Claimant is entitled to interest at the rate of 8% per annum from the date the debt was due being the 14th December 20.... to the present date (62 days) at the daily rate of 20p making a total sum of £12.40 and continuing at the daily rate of 20p. (See Statutory Interest).

AND THE CLAIMANT CLAIMS

1.

The sum of £912.40.

2.

Interest in accordance with section 69 of the County Courts Act 1984 at such rate and for such period as the court thinks fit.

3.

Costs.

Statement of Truth
I believe that the facts stated in these Particulars of Claim are true.

Dated this 26th day of April 20...

To the court and
to the Defendant

 

.......................... 
IVOR PROBLEM 
Claimant

 

of [Address],

 

at which address he/she will accept service of proceedings.

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Statement in Support of Summary Judgment

IN THE [TOWN]COUNTY COURTCASE No.
BETWEEN
 [IVOR PROBLEM]Claimant
 AND
 [JUSTIN TIME]Defendant

 STATEMENT IN SUPPORT OF APPLICATION FOR SUMMARY JUDGMENT 

I, Ivor Problem of 8 Lucky Street, Anytown, the above named Claimant, occupation, builder will say as follows.

1.

I make this Statement in support of my application for Summary Judgment

2.

On the 26th April 20.... I started proceedings in the Anytown County Court. I claimed the sum of £900.00 plus interest. The money was lent to the Defendant by me to help him pay his electricity bill.

3.

On the 2nd June 20.... the Defendant filed a Defence with the court stating that he did not owe me £900.00 and that the money was a gift. However, I have a letter written by the Defendant to me dated 16.01.20.... in which he thanks me for the money and says he will repay it to me.

4.

I believe for this reason that the Defendant has no real prospect of successfully defending the claim and there is no reason why this case should be decided by a trial.

5.

I therefore ask the court to enter judgment in my favour for the sum of £900.00 plus interest.

Statement of Truth
I believe that the facts stated in this Witness Statement are true.

 

Signed ..........................

Claimant

 

Dated............................

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Affidavit for Charging Order

IN THE [TOWN]COUNTY COURTCASE No.
BETWEEN
 [IVOR PROBLEM]Claimant
 AND
 [JUSTIN TIME]Defendant

 AFFIDAVIT IN SUPPORT OF APPLICATION FOR A CHARGING ORDER 

I, Ivor Problem of 8 Lucky Street, Anytown, the above named Claimant, occupation builder, MAKE OATH and say as follows.

1.

I make this affidavit in support of my application for a charging order. Save where otherwise appears I make this affidavit from matters within my knowledge, information or belief.

2.

On the 31st November 20.... I lent to the Defendant the sum of £900.00 so that he could pay his electricity bill. The Defendant promised to repay this sum to me by the 14th December 1996. I have written and asked him to repay this sum but he has refused. The debt is still owed to me.

3.

On the 15th May 20.... I obtained judgment against the Defendant for the sum of £912.40 including interest in the Anytown County Court.

4.

I wish to apply for a charging order against the Defendant's property. The Defendant lives at 1 Broccoli Road, Anytown. The property is owned jointly with his wife May Time.

5.

A search against the property at H.M. Land Registry reveals that the property is mortgaged to Grabapenny Building Society of 57 Pound Street, Anytown. I do not know how much is owed to the Grabapenny Building Society. There is also a charge in favour of Mr. Frank Ness of 20 Merry Street, Anytown.

6.

In the circumstances I ask the court to grant me a charging order.

Sworn at

)

 

)

In the County of

)

 

)

This day of

)

 

)

Before me

)

 

)

Solicitor/Commissioner for Oaths/Officer of the Court.

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Application for Stay of Execution

IN THE [TOWN]COUNTY COURTCASE No.
BETWEEN
 [IVOR PROBLEM]Claimant
 AND
 [JUSTIN TIME]Defendant

 APPLICATION FOR STAY OF EXECUTION 

I, Justin Time of 1 Broccoli Road, Anytown wish to apply for an order that execution of judgment entered against me on 15th May 20.... be stayed pending a final decision on my application to set aside judgment which is due to be heard on 1st June 20.....

The grounds of this application are set out in my application to set aside judgment.

 

Statement of Truth
I believe that the facts stated in this application for Stay of Execution are true.

Dated this 20th day of May 20....

To the court and
to the Claimant

 

.......................... 
JUSTIN TIME 
Defendant

 

of [Address],

 

at which address he/she will accept service of proceedings.

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Application to Set Aside Judgment

IN THE [TOWN]COUNTY COURTCASE No.
BETWEEN
 [IVOR PROBLEM]Claimant
 AND
 [JUSTIN TIME]Defendant

 APPLICATION TO SET ASIDE JUDGMENT 

TAKE NOTICE that the Defendant intends to apply to the district judge sitting at Anytown County Court, 5 New Street on the 1st June 20.... at 2.00pm for the following order:-

1.

The judgment entered on 15th May 20.... be set aside for the reason that the Defendant did not receive notice of the proceedings.

2.

The Defendant be allowed to file a Defence to these proceedings.

3.

The Claimant do pay the costs of this Application. This Application is likely to take 30 minutes.

Statement of Truth
I believe that the facts stated in this application to Set Aside Judgment are true.

This application is likely to take 30 minutes.

Dated this 17th day of May 20....

To the court and
to the Claimant

 

.......................... 
JUSTIN TIME 
Defendant

 

of [Address],

 

at which address he/she will accept service of proceedings.

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Defence

IN THE [TOWN]COUNTY COURTCASE No.
BETWEEN
 [IVOR PROBLEM]Claimant
 AND
 [JUSTIN TIME]Defendant

 DEFENCE 

1.

The Defendant denies that he is liable to the Claimant either as alleged in the Particulars of Claim or at all. Save where otherwise admitted, each and every allegation in the Particulars of Claim is denied.

2.

Paragraph 1 of the Particulars of Claim is admitted save that the sum of £900 was not a loan.

3.

Paragraph 2 is denied.
The sum of £900.00 was paid by the Claimant to the Defendant as a gift. There was no agreement to repay the money.

4.

Paragraph 3 is denied.
The Claimant has never requested the return of the £900.00 either verbally or in writing.

5.

It is denied that the Claimant is entitled to the amounts claimed or any interest on such amounts.

Statement of Truth
I believe that the facts stated in this Defence are true.

Dated this 2nd day of June 20....

To the court and
to the Claimant

 

.......................... 
JUSTIN TIME 
Defendant

 

of [Address],

 

at which address he/she will accept service of proceedings.