Small claims court questions...

C_Mababejive

I am considering a small claim via the courts service website.

I have read the advice on the website and i have made approaches to the other party to try and resolve the issue to no avail.

I am concerned in case i have to pay the other partys court costs etc??

Any feeback welcome.

[threadbanner]box[/threadbanner]

jgallcash

No you don't. simple

Takecareofthepennies

Are you in dispute with a private person or a business?

Even if you lose, the other party can only claim for possible travel costs and loss of earnings if a private person. They cannot claim for legal representation at small claims court level.

Equaliser123

There are exceptions. The main one to watch out for is if the claim is for anything other than a simple monetary claim then the Court could decide that it is not suitable for small claims.

Also, if the defendant had a counterclaim which took the value beyond the small claims amount, then it is likely that the case would be heard in the Fast Track of the County Court.

Any more details?

C_Mababejive

Simple damage to property..car damaged at garage whilst being serviced. Garage deny liability so i want to drive it to small claims..win or lose.

Equaliser123

Very unlikely to be any costs consequences other than witness attendance costs.

zipman23

Is there any time limit on going through the small claims court to make a claim against someone?

My car was damaged in October last year and the other party has basically denied even being at the scene despite me getting his insurance details and address from the police and him saying he was happy for it to go through his insurance company.

Everyone on his end is dragging their heels and my insurance company, in my opinion, aren't doing enough chasing so I need to know what my options are as insurance is up for renewal around May 12th so don't want this bumping my premium up!

Sorry for hijacking OP, couldn't find where else to post it!

glider3560

zipman23 wrote: »

Is there any time limit on going through the small claims court to make a claim against someone?

My car was damaged in October last year and the other party has basically denied even being at the scene despite me getting his insurance details and address from the police and him saying he was happy for it to go through his insurance company.

Everyone on his end is dragging their heels and my insurance company, in my opinion, aren't doing enough chasing so I need to know what my options are as insurance is up for renewal around May 12th so don't want this bumping my premium up!

Sorry for hijacking OP, couldn't find where else to post it!

In general, it is 6 years. In the case of personal injury, this is reduced to 3 years.

4743hudsonj

zipman23 wrote: »

Is there any time limit on going through the small claims court to make a claim against someone?

My car was damaged in October last year and the other party has basically denied even being at the scene despite me getting his insurance details and address from the police and him saying he was happy for it to go through his insurance company.

Everyone on his end is dragging their heels and my insurance company, in my opinion, aren't doing enough chasing so I need to know what my options are as insurance is up for renewal around May 12th so don't want this bumping my premium up!

Sorry for hijacking OP, couldn't find where else to post it!

your own thread would be a good start? here or motoring section.

zipman23

glider3560 wrote: »

In general, it is 6 years. In the case of personal injury, this is reduced to 3 years.

Champion. Still plenty of time then! Thankyou.

4743hudsonj wrote: »

your own thread would be a good start? here or motoring section.

Thanks for that. I wouldn't say it was more motor related than legally but hey ho and all that jazz. The only reason I found this thread in the first place was from the weekly email. Guess I'll know for next time eh