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MSE News: Small claims court limit could rise to £15,000

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This is the discussion thread for the following MSE News Story:

"The Government is proposing to raise the cap under which individuals can avoid going to court to settle a dispute ..."
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  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If you don't get your costs paid by the losing side, is it worthless in going through Small Claims for amounts under £25?
  • Oopsadaisy
    Oopsadaisy Posts: 1,818 Forumite
    If the £25 is the court fee, then the loser has to pay it [ie if you win the othe rparty is liable]...assuming yu can actually get the money out of them.
    Hi, we’ve had to remove your signature. If you’re not sure why then you're as thick and stupid as the moderators on here - MSE ForumTeam
  • bowdonblue
    bowdonblue Posts: 4 Newbie
    edited 30 March 2011 at 4:43PM
    The bad news about this proposal (which is just out for consultation at the moment) is that you would NOT be able to claim your own legal fees from the person or company you sue, for any claim up to £15k.
    Claims up to £15k can be very complex, and if the government push this through then any solicitor would require you to pay their fees (roughly £2k - £5k) up front before getting involved. In reality, this means that most people won't be able to afford to pursue claims up to £15k, unless they are prepared to take on the daunting proposect of acting as a "litigant in person", which most people would be deterred by.
    This could be be a disaster for those who have a legitimate claim.
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Surely the whole point of a small claims court is that you don't use a solicitor?
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    bowdonblue wrote: »
    The bad news about this proposal (which is just out for consultation at the moment) is that you would NOT be able to claim your own legal fees from the person or company you sue, for any claim up to £15k.
    Claims up to £15k can be very complex, and if the government push this through then any solicitor would require you to pay their fees (roughly £2k - £5k) up front before getting involved. In reality, this means that most people won't be able to afford to pursue claims up to £15k, unless they are prepared to take on the daunting proposect of acting as a "litigant in person", which most people would be deterred by.
    This could be be a disaster for those who have a legitimate claim.

    Agreed. Small Claims has been a massive success and has, rightfully, discouraged the use of solicitors.

    However, tripling the limit is going way too far. For a claim approaching £15k, it is my view that legal advice ought to be taken.

    As the old saying goes - "A lawyer in his own cause has a fool for a client".
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Oopsadaisy wrote: »
    If the £25 is the court fee, then the loser has to pay it [ie if you win the othe rparty is liable]...assuming yu can actually get the money out of them.
    So you're saying that the losing party doesn't have to pay the winner's solicitors fees, but does have to pay the court fees?
    That's reasonable, then.

    [But I agree with others that for anything other than a trivial claim over, say, £10k a solicitor's bound to add value.]
  • Oopsadaisy
    Oopsadaisy Posts: 1,818 Forumite
    ..... a solicitor's bound to add value.]

    lol, you are a funny man.

    Solicitor and value in the same sentence....that's funny.
    Hi, we’ve had to remove your signature. If you’re not sure why then you're as thick and stupid as the moderators on here - MSE ForumTeam
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    Oopsadaisy wrote: »
    lol, you are a funny man.

    Solicitor and value in the same sentence....that's funny.

    Hilarious.

    I think the point is that for complex legal points, lawyers are a necessity.
  • LMck111
    LMck111 Posts: 29 Forumite
    Long & short of it....!

    3 Mobile screwed me over when they wouldn't release me from my 18 month contracts.

    I had numerous "chats" trying to get my pac etc..!

    Twice they cancelled my two contracts (both finished on the same date) & then they started them on new contracts.

    All I asked was for the pac codes so as to swop companies with the numbers...!

    So when I finally got out, 3 months after the 18 months, I was hit with a £78 bill for early termination of contracts I didn't want....Totally their scheming incompetence.

    Righto...! I will pay up just to get out of their hands & then I'm going to the small claims for reimbursement (of which I'm sure they wont challenge as it will be under £400).

    Is this the way forward ?

    Anyone else been here ?

    Cheers.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    LMck111 wrote: »
    Long & short of it....!

    3 Mobile screwed me over when they wouldn't release me from my 18 month contracts.

    I had numerous "chats" trying to get my pac etc..!

    Twice they cancelled my two contracts (both finished on the same date) & then they started them on new contracts.

    All I asked was for the pac codes so as to swop companies with the numbers...!

    So when I finally got out, 3 months after the 18 months, I was hit with a £78 bill for early termination of contracts I didn't want....Totally their scheming incompetence.

    Righto...! I will pay up just to get out of their hands & then I'm going to the small claims for reimbursement (of which I'm sure they wont challenge as it will be under £400).

    Is this the way forward ?

    Anyone else been here ?

    Cheers.
    Excuse me, but what has that got to do with Small Claims Court limit?
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