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  • FIRST POST
    • MSE Amy
    • By MSE Amy 23rd Apr 13, 6:21 PM
    • 27Posts
    • 36Thanks
    MSE Amy
    Small Claims Court guide
    • #1
    • 23rd Apr 13, 6:21 PM
    Small Claims Court guide 23rd Apr 13 at 6:21 PM

    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.
    Last edited by MSE Amy; 18-09-2015 at 11:08 AM.
Page 23
    • twistednail
    • By twistednail 20th Apr 17, 1:55 PM
    • 15 Posts
    • 0 Thanks
    twistednail
    Not sure if anyone can help?

    I worked on a film back in 2014 for which I should have been paid £4000. Mid-way through the production, it turned out that the budget that the producer had told everyone he had was not correct, and the production had to be shut down. Many people lost a lot of money, including the actors, catering company, equipment companies etc to the value of about £400,000 or thereabouts.

    Over the course of a year I sent my invoices, chases and eventually a "Letter Before Action" stating how much was owed. Nothing has come out of this, with the exception of a small payment of £300 early on in the process with the rest of the money outstanding.

    It is now a couple of years later and I am in a place where I can "afford" to pay the £185 court fee to take it to small claims. This loss of money has caused so many problems for me (mental health wise, and also in terms of having to pay off a large amount of debt having not being paid) and to this day I cannot get over the work that I put into this project that ended up unpaid.

    How do I determine if it is worth taking this to the small claims court? I have £185 but I don't want to throw further money down the toilet. Equally, £4000 is a lot of money to me and I also don't like the fact that this man got away with his lies.

    Any advice would be much appreciated.

    Thanks
    • lincroft1710
    • By lincroft1710 20th Apr 17, 6:02 PM
    • 9,473 Posts
    • 7,478 Thanks
    lincroft1710

    How do I determine if it is worth taking this to the small claims court? I have £185 but I don't want to throw further money down the toilet. Equally, £4000 is a lot of money to me and I also don't like the fact that this man got away with his lies.

    Any advice would be much appreciated.

    Thanks
    Originally posted by twistednail
    If he hasn't got the £3,700 (you already have £300) it would be a waste of time. He may already have judgements against him, so you may be joining a long queue. Also how likely is he to pay up?Keep emotion out of your reasoning.
    • twistednail
    • By twistednail 21st Apr 17, 1:13 PM
    • 15 Posts
    • 0 Thanks
    twistednail
    If he hasn't got the £3,700 (you already have £300) it would be a waste of time. He may already have judgements against him, so you may be joining a long queue. Also how likely is he to pay up?Keep emotion out of your reasoning.
    Originally posted by lincroft1710
    I guess that is the problem. I don't know how much money he has, or how many others are in the queue. Equally there could be no-one in the queue as they are all thinking the same thing. It is very tricky.
    • lincroft1710
    • By lincroft1710 21st Apr 17, 5:22 PM
    • 9,473 Posts
    • 7,478 Thanks
    lincroft1710
    As it is over 2 yrs since the production shut down and businesses were involved, it is probable that they would have already taken action against him. Are you in contact with anyone else who was owed money?
    • twistednail
    • By twistednail 21st Apr 17, 7:19 PM
    • 15 Posts
    • 0 Thanks
    twistednail
    I've tried contacting a few people, but no-one has responded. The fall-out of all of this was horrible, so people didn't really stay in contact.
    • MrSewell
    • By MrSewell 12th Jul 17, 9:42 PM
    • 4 Posts
    • 0 Thanks
    MrSewell
    Has anyone made a claim against a contractor you have been working for deducting money from your wages wrongfully ?
    • Crazy Jamie
    • By Crazy Jamie 13th Jul 17, 9:11 AM
    • 2,129 Posts
    • 2,038 Thanks
    Crazy Jamie
    Has anyone made a claim against a contractor you have been working for deducting money from your wages wrongfully ?
    Originally posted by MrSewell
    I expect many people have, but there are people on here who can help you whether or not they have actually brought the type of claim that you want to bring. What do you want to know?
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
    • Dylanellie
    • By Dylanellie 18th Jul 17, 11:46 AM
    • 3 Posts
    • 0 Thanks
    Dylanellie
    claim for press trespass
    A press agency photographer trespassed into my garden to get private pictures of my home. I intend to bring a small claims against the press agency for the gains they made by trespassing onto my land. They sold the pictures and a video to all the major newspapers and broadcasters. I am trying to find out the money they would have made from selling this material. The media and their regulatory bodies say it is no concern to them unless I bring a civil action against the press agency and find them guilty of trespass. Thanks for any help
    • wealdroam
    • By wealdroam 18th Jul 17, 12:04 PM
    • 18,648 Posts
    • 15,548 Thanks
    wealdroam
    A press agency photographer trespassed into my garden to get private pictures of my home. I intend to bring a small claims against the press agency for the gains they made by trespassing onto my land. They sold the pictures and a video to all the major newspapers and broadcasters. I am trying to find out the money they would have made from selling this material. The media and their regulatory bodies say it is no concern to them unless I bring a civil action against the press agency and find them guilty of trespass. Thanks for any help
    Originally posted by Dylanellie
    This is the second time you have posted this.

    What losses have you suffered?

    Small Claims Court isn't the place for your claim unless you can show you have suffered a loss.
    • waamo
    • By waamo 18th Jul 17, 1:45 PM
    • 1,914 Posts
    • 2,291 Thanks
    waamo
    A press agency photographer trespassed into my garden to get private pictures of my home. I intend to bring a small claims against the press agency for the gains they made by trespassing onto my land. They sold the pictures and a video to all the major newspapers and broadcasters. I am trying to find out the money they would have made from selling this material. The media and their regulatory bodies say it is no concern to them unless I bring a civil action against the press agency and find them guilty of trespass. Thanks for any help
    Originally posted by Dylanellie
    Generally with trespass you can claim back the amount it costs to put right any damage caused by the trespass. The question, therefore, is what is that value?

    There are instances where a small punitive amount can be claimed (generally about £250) but I doubt this would apply in your case from the limited information given.
    This space for hire.
    • Dylanellie
    • By Dylanellie 19th Jul 17, 4:53 PM
    • 3 Posts
    • 0 Thanks
    Dylanellie
    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?
    • Computersaysno
    • By Computersaysno 20th Jul 17, 10:02 AM
    • 759 Posts
    • 565 Thanks
    Computersaysno
    Sorry I was told my previous post was in the wrong forum.
    Originally posted by Dylanellie

    Er....you might now be in the right forum, but you're still in the wrong thread!!! lol
    Welcome to the world of 'Protect the brand at the cost of free speech'
    • waamo
    • By waamo 20th Jul 17, 10:16 AM
    • 1,914 Posts
    • 2,291 Thanks
    waamo
    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?
    Originally posted by Dylanellie
    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.
    This space for hire.
    • Petethespider
    • By Petethespider 21st Jul 17, 8:32 AM
    • 66 Posts
    • 141 Thanks
    Petethespider
    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
    • By Surfhopper 14th Aug 17, 1:09 PM
    • 12 Posts
    • 3 Thanks
    Surfhopper

    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.
    Originally posted by MSE Amy
    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.
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