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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 24
    • unholyangel
    • By unholyangel 7th Sep 17, 5:31 PM
    • 11,279 Posts
    • 8,495 Thanks
    unholyangel
    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?
    Originally posted by Supersonos
    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.
    Money doesn't solve poverty.....it creates it.
    • Supersonos
    • By Supersonos 8th Sep 17, 9:36 AM
    • 24 Posts
    • 16 Thanks
    Supersonos
    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.
    Originally posted by twistednail
    Another thing to bear in mind, producers will often create a limited company for each film, so you may find that your contract was with "The Film Ltd." which has since been shut down.

    Not sure if you can then persue the directors of the company (the execs).
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