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Author Topic: Small Claims Court (UK)  (Read 2098 times)

richald

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Small Claims Court (UK)
« on: February 22, 2014, 10:25:27 AM »

Anybody had any dealings or experience of these ?

Reply by PM if preferred.

Richard
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david48

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Re: Small Claims Court (UK)
« Reply #1 on: February 22, 2014, 06:13:15 PM »

 I was going to use the small claims court when I lived in Malton, the advice I was given was  it's only for 1900.00 so it won't be worth it because the bloke will say he will pay 25 a month maby then you will have to go back to the court to try and get the rest there was a charge to use the court ,I can not remember what it was . So the whole thing started again .This was a few years ago things might have changed, I just to stand the hit .At the time it was a struggle but I managed to get sorted .
Not much help I know but just a word of caution. Hope you get sorted good luck .
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Netleyned

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Re: Small Claims Court (UK)
« Reply #2 on: February 22, 2014, 06:28:41 PM »

If your claim is against an established company
it may be worth it as most will settle before it gets to
Court proceedings.
Against an individual who is not trading then, as
David said, another ballgame trying to get the
individual to pay up.

Ned
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RAAArtyGunner

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Re: Small Claims Court (UK)
« Reply #3 on: February 22, 2014, 09:21:21 PM »

Consider this, the bigger picture,
 
Whilst the court may grant repayment in small installments, assuming the debt is proved, the onus being squarley on you as the plaintiff, to do so and not the defendant, it will however legally declare a debt is owed  and the amount.
 
This could be to your advantage, as such judgements are automatically recorded, by credit reporting bureaus, at least here in Australia, as we follow British Justice in the main, your privy Council being ours until we established our own high court.
 
So you may not see much or any of your money, but 'He' will have a debt recorded against him and his credit will be adversely affected. O0 O0
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wee speug

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Re: Small Claims Court (UK)
« Reply #4 on: February 22, 2014, 09:36:26 PM »

Consider this, the bigger picture,
 
Whilst the court may grant repayment in small installments, assuming the debt is proved, the onus being squarley on you as the plaintiff, to do so and not the defendant, it will however legally declare a debt is owed  and the amount.
 
This could be to your advantage, as such judgements are automatically recorded, by credit reporting bureaus, at least here in Australia, as we follow British Justice in the main, your privy Council being ours until we established our own high court.
 
So you may not see much or any of your money, but 'He' will have a debt recorded against him and his credit will be adversely affected. O0 O0
you forgot to add.....and he,ll be "xxxxx" himself laughing at you cos he,d gotten rid of his assets long before you came along....there,s only one way to deal with *****s...who take the "xxxxx" out of honest hard working guys.....and that is........well,lets just say...."there,s more than one way to skin a cat"
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inertia

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Re: Small Claims Court (UK)
« Reply #5 on: February 22, 2014, 11:25:03 PM »

If you get judgement against the defendant in the county court then take the advice I was given by a QC; pay 60, transfer the debt to the High Court and use a High Court bailiff company. I got 1800 plus all my costs back in about four months when the local bailiffs would just have rolled over and given up without even a knock.
I'll let you know the name of the bailiffs by PM as/when/if you ever need them. The Lord only knows what they did to persuade the b*gger but it had the desired effect.
DM
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richald

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Re: Small Claims Court (UK)
« Reply #6 on: February 23, 2014, 12:39:43 AM »

Thanks for all the replies - the whole situation is still ongoing
I will re-post when things are a bit more sorted out, and give
more details.

The amount I am chasing is only 300-500 from a small trader.

I have been told by somebody who went through a similar
process that the whole system is fairly simple and does not
involve much more than filling in a form online and submitting it,
(probably with a fee!)

Richard
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inertia

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Re: Small Claims Court (UK)
« Reply #7 on: February 23, 2014, 08:38:30 AM »

https://www.gov.uk/make-money-claim-online#before-you-start

The fees (from memory) totalled over a hundred quid, so you might want to weigh up the likelihood of losing the case along with the initial disputed sum and your court fees. If you get judgement, however, the other party will be liable for your costs as well as his own. The only fee I didn't get back was the 60 transfer fee to the High Court. In my case there was no dispute about the amount - which was 1800 - just who was liable to pay it.
See what you think!
DM
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TheLongBuild

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Re: Small Claims Court (UK)
« Reply #8 on: February 23, 2014, 09:24:01 AM »

 %% %% Had they actually put a roof on ? how did all that get through ?

Neil

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Re: Small Claims Court (UK)
« Reply #9 on: February 23, 2014, 09:39:00 AM »

Anybody had any dealings or experience of these ?

Reply by PM if preferred.

Richard

yes Richard, a few times....took Claims Direct to court on a landmark case in the early 2000's.Lost max Clifford 25 million he had just invested in the company.won my case, brought Claims Direct into Liquidation and got my full amount of settlement off them,..google my name neil howard - Pritchard and read all about it........lol

I've won a fwew and also lost a couple....but hey ho./././././././././././././swings and round abouts, lol
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TheLongBuild

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Re: Small Claims Court (UK)
« Reply #10 on: February 23, 2014, 09:46:45 AM »

Was this you ?

The week before Claims Direct went into administration the small claims court found in favour of one customer who received just 3.30 of the 1,500 compensation he had been awarded in court.

Tug-Kenny

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Re: Small Claims Court (UK)
« Reply #11 on: February 23, 2014, 09:50:50 AM »


There was a program running on the TV about 'the Sheriffs' recently. i had copied the series and found it interesting. It shows you how they go about getting the money.

It's certainly the way to go.   :-))


Ken


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inertia

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Re: Small Claims Court (UK)
« Reply #12 on: February 23, 2014, 10:01:56 AM »

%% %% Had they actually put a roof on ? how did all that get through ?
The guy had covered the plywood roof with a breathable membrane, and then nailed the laths for the tiles through it. He then fitted the wrong type of tiles and tried to waterproof the whole shebang with clear mastic between the tiles (I reckon he used about forty tubes of the stuff). He also fitted the wrong type of Veluxes for the shallow-pitch roof. In the end I had a contractor to strip off all the tiles and felt the roof - that was what cost me the 1800. It cost the original builder over 2300 with court costs, bailiff's fees and interest on my 1800. He is, as they say in the trade, now back on the tools.
DM
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Neil

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Re: Small Claims Court (UK)
« Reply #13 on: February 23, 2014, 10:25:48 AM »

Was this you ?

The week before Claims Direct went into administration the small claims court found in favour of one customer who received just 3.30 of the 1,500 compensation he had been awarded in court.

yes that was me mate.............I and my kids even appeared on BBC watchdog, lol......my 15 minutes of fame, lol {-) {-) {-) {-) {-) {-)

mind you my victory was also recorded big time in the Law society magazine at the time...it opened up a flood gate of claimants which caused Claims Direct to go into administration and Clifford to loose his reputed 25 million.....he even apparently tried to get a gagging order on the Sun newspaper to stop them printing my story in the  High Courts.........but lost........... {-) {-) {-) {-) {-) {-)
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Circlip

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Re: Small Claims Court (UK)
« Reply #14 on: February 23, 2014, 11:17:55 AM »

Yep, good old uncle Max, the biggest rip off timeshare company used him as their UK spokesperson and he defended them by saying that the "clients" should stop moaning as they got a good deal.
 
  A few months later, he was stung by a Brit who offered to take charge of the road finishing operations around the area of Cliffords own villa in Spain, all the Brit did was take his and his neighbours funds and b***** off. Did he squeal like a stuck pig over that one, oh, what a larf.
 
  What goes round comes round.
 
  Regards  Ian.
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richald

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Re: Small Claims Court (UK)
« Reply #15 on: February 23, 2014, 11:25:41 AM »

Thanks for the thread guys -

It all makes very interesting reading! keep it coming!

I would love to tell you more w/r to my dispute but
this is a public forum - and I don't want to 'queer' the job.

Richard
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inertia

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Re: Small Claims Court (UK)
« Reply #16 on: February 23, 2014, 11:50:06 AM »

I would love to tell you more w/r to my dispute but
this is a public forum - and I don't want to 'queer' the job.
Probably very wise, but do tell us if the trader was in the building trade.................they do seem to crop up more than their fair share.
DM
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rmaddock

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Re: Small Claims Court (UK)
« Reply #17 on: February 23, 2014, 12:40:43 PM »

I've never done it myself but my parents have.  That was for a few hundred against a local shop.  It never got as far as court.  The judge spoke to them on the phone and decided that the shop didn't have a leg to stand on - they were told as much and caved in.  They were obliged to replace the faulty item and pay all the costs.
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