Small Claims Court guide

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Comments

  • Computersaysno
    Computersaysno Posts: 1,222 Forumite
    First Anniversary Combo Breaker First Post
    Dylanellie wrote: »
    Sorry I was told my previous post was in the wrong forum.


    Er....you might now be in the right forum, but you're still in the wrong thread!!! lol
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    Dylanellie wrote: »
    Sorry I was told my previous post was in the wrong forum. I am still finding my way around.
    I understand claims can be made against the trespasser for the value of the benefits they gained by trespassing. Am I wrong or is it OK for the press to trespass into private gardens to get their pictures?

    You need to see a solicitor rather than post on a forum. I suspect there is far more to this than you are telling us.
  • Petethespider
    Petethespider Posts: 91 Forumite
    I'm thinking I'm going to have to take my ex employer to court for wages still not paid. I understand I need to serve a LBA first. How much time to I need to give. Already I've waited a month, with promises near on daily of paying. Would 7 days notice be fair ( I was weekly paid) or does it need to be longer?

    Also, if I do go to small claims, will there be any record of court action linked to the business ? It's her own business , not a ltd company as far as I'm aware. I was the only person who got a wage, or rather I did till she stopped paying me 6 weeks ago
  • Surfhopper
    Surfhopper Posts: 18 Forumite
    First Anniversary Combo Breaker First Post
    MSE_Amy wrote: »
    Small Claims Court Guide guide.

    Click reply below to discuss. If you haven’t already, join the forum to reply. If you aren’t sure how it all works, read our New to Forum? Intro Guide.
    Just served a warrant on TUI/Thomson Holidays through MCOL after they failed to file a defence to the court, and did not pay up 32 days after the judgement was issued. How long should the process take now? Has anyone else had trouble with these people who never respond to letters or emails. They rate 73 out of the worst 73 companies for customer service on Trustpilot. My claim was made after guests were left in rooms flooded with sewage in Punta Cana in May this year.
  • Tenpindee
    Tenpindee Posts: 1 Newbie
    unholyangel wrote: »
    Possibly covered by this part of the guide?
    I put in a claim against my ex son in law as he owed me for a Bailiffs bill I paid which he has not settled. I also asked for mediation giving him 3 months to reply which he did not. I put in the claim for paying all of his children's needs for two years which also included him writing off a car I owned.
    The court wants to "strike out" my application, vary, stay or set aside and I now don't know what to do. was unemployed at the time and the money I spent on extra 3 mouths to feed, clothe and look after came out of my pension pot.
    What do I do now, I am disillusioned with the Court as I asked if it could go to mediation and they didn't reply saying now that I have no case considering all the money I used up and the documents backing up my claim.
    :j
  • Computersaysno
    Computersaysno Posts: 1,222 Forumite
    First Anniversary Combo Breaker First Post
    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.


    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.


    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.


    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.


    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.


    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.


    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.
    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.
    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.
    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.
  • Supersonos
    Supersonos Posts: 1,080 Forumite
    First Post First Anniversary Name Dropper
    Hi - long time forum reader, but this is my first post. Hopefully in the right place!

    We're in the process of taking a internet trader to small claims court - they've refused a refund on faulty goods.

    I have a couple of questions about the directions questionnaire:

    1. Which court? We'd naturally like to choose a court near to us (Manchester area) but we assume the trader will choose one near them (East Sussex). How is the decision finally made?

    2. Mediation - the trader is just being incredibly stubborn. We don't think mediation will make any difference and from what I've read, just elongates the process (and we really want our £1,800 back asap!), but if we tick no, the trader (who will get a copy of our questionnaire) can surely just tick yes and look like the good guy?

    3. Roughly how long is it on average from this point to actually getting to court?
  • KeithP
    KeithP Posts: 37,567 Forumite
    Name Dropper First Post First Anniversary
    Supersonos wrote: »
    Hi - long time forum reader, but this is my first post. Hopefully in the right place!
    Hi, welcome to the forums.

    Please can I respectfully suggest you read the post immediately before yours before doing anything else.
  • Computersaysno
    Computersaysno Posts: 1,222 Forumite
    First Anniversary Combo Breaker First Post
    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.


    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.


    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.


    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.


    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.


    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.


    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
    Name Dropper First Post First Anniversary
    Supersonos wrote: »
    Hi - long time forum reader, but this is my first post. Hopefully in the right place!

    We're in the process of taking a internet trader to small claims court - they've refused a refund on faulty goods.

    I have a couple of questions about the directions questionnaire:

    1. Which court? We'd naturally like to choose a court near to us (Manchester area) but we assume the trader will choose one near them (East Sussex). How is the decision finally made?

    2. Mediation - the trader is just being incredibly stubborn. We don't think mediation will make any difference and from what I've read, just elongates the process (and we really want our £1,800 back asap!), but if we tick no, the trader (who will get a copy of our questionnaire) can surely just tick yes and look like the good guy?

    3. Roughly how long is it on average from this point to actually getting to court?

    1) The decision is made by the courts. Normally if the defendant is an individual they can apply to have the case transferred to their local court. If they are not an individual then they can't.

    2) You should always consider mediation. Courts like to see that you've tried to resolve the issue without involving them. It may take a little longer but it also paints you in a better light if you were willing to consider mediation and the other party weren't. It could also potentially affect how costs are awarded also. For example if you lost your claim but the trader refused mediation, you may be able to convince a judge either not to award the other side costs or to award costs against them as essentially, court action could have been avoided had they entered negotiations.

    3) No one here can answer that. Some cases may be heard within a few weeks, others can take over a year. Typically cases will be heard within 6 months but it really depends how busy the court is thats assigned the claim. It also depends on whether a hearing is needed or whether its a default judgement.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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