Advice needed in issuing a small claims court

k1mmie

Can anyone get in touch who can advise me on the wording of a case I wish to take to the small claims court against a company. I want to make sure the wording is correct before I start.

Thank you and appreciate your help.

dmg24

Why not post it and we'll give feedback?

k1mmie

To be honest I think it's quite complicated. I am unsure of what to enter at particulars of claim. As it was a business package of goods and services I was buying Into. Can I put several issues in particulars of claim or one?

DVardysShadow

As I understand it, you should raise all issues in the particulars of claim which you want the court to rule on. Obviously you should give more detail than you have given us, but you should avoid a narrative of the whole history of your interaction with the company

zzzLazyDaisy

I agree. If you can give us a short summary of the issues you wish to raise (we don't need the whole background, just a summary of the final matters in dispute that you want the court to decide on) someone on here can probably come up with a specimen particulars of claim for you to use.

Crazy_Jamie

k1mmie wrote: »

To be honest I think it's quite complicated. I am unsure of what to enter at particulars of claim. As it was a business package of goods and services I was buying Into. Can I put several issues in particulars of claim or one?

As has already been stated, if you can give us a quick run down of the relevant background and issues (including what you want as a remedy) then someone will at least be able to provide you with a rough structure that you should be using.

noratw

lots of help on HM courts service websie (can't post link)

k1mmie

Thanks guys, I appreciate all your responses.

The breakdown of facts are:

In September 08 I was looking for a business opportunity. Saw a company advertising becoming a recruitment partner. I was told this business was ideal for someone with no knowledge of the industry. The company set up a contract whereby they provide website, training, letterheads, software training, access to CV search facility. 4 weeks after company set up I would then pay a monthly fee for access to the companies software facility on my website and management of my website. I paid the amount. I went to the offices and was once again assured, this was suitable for me after them assessing if I was suitable for this package. I was told (and they advertised) they even provided the jobs.

I attended the 3 day training course, which would give me membership to a recognised body in the industry. On the course there were 5 of us. 3 had signed up for the complete package. 2 just for training.

The course was totally unsuitable for someone with no knowledge of the industry. Day 1: went through aspects of industry with trainer using abbreviations. I asked him at the end of the day why he was using abbreviations when we were all novices. He said he didn't know we had no experience.
Day 2: morning training then all afternoon visit by bank manager, accountant, solicitor giving business advice. All companies referred to a different industry body. Not once ours.

During this course and through talking we found out this was a new venture for this company who have several divisions including, recruitment agency, accountancy, headhunters etc....

So having paid our money and training, the websites had just started. The company had one person doing everyones and they struggled to cope withe demand. The set ip on their website said the business should take 4/6 weeks for set up and another 4 weeks to see your investment returned. As the parallel contract (which was free) provided jobs passed down to recruitment partners.

The website was nearly completed by February, and the software training had not yet taken place. The cv search facility was totally unfit for use. The company had one login name and had given this to every recruitment partner to use. Hence you could not get access frequently, and the company could see every cv you accessed.

The company started invoicing for their monthly fee. I refused on the basis I had not had everything on the contract. Bearing in mind the software was designed by the company, I could not access the information on my website.

Since the training I was unable to commence training as I had no tools. During this period I constantly wrote to the company informing them the training was insufficient and even though they ran a recruitment company refused to let us come in for further training.
Once I did not pay, as their contract stared they terminated all services. Leaving me with no business.

I sent many emails asking the company to help me, they came up with no solutions. I wrote again several times after this asking for my money back claiming this business was not suitable for me and therefore missold. I told them they broke the contract.
Nothing. I have since spoken to around 6 others who took this up. Not one has made any money. All had same experience. I have had enough and feel cheated.

Sorry to rant, but felt I might as well tell whole story.

Apparently this company have good legal representation and are not ones to roll over and accept this. So need advice on making. Strong claim.

Thank you

Day 3; written exam. Trainer left the room so everyone could discuss the answers.

coupleuk

Having previously taken 2 individuals to the Small Claims, I think all this is too much for Small Claims.

Of course, you can make a claim; but bear in mind the Judge needs to fully understand whats happened - unfortunately, they dont seem to take too much interest in paperwork presented before the hearing and will make their mind up on what is said on the day. So, are you confident enough about your situation to be able to argue against these (potential) con men?

Firstly you need to cut out at least 90% of what youve written above.

You need to list (1, 2, 3, etc) the amount for specific things you are claiming, not just say x, y, z didnt happen.

The company will claim that you are thick and didn't take in what was being stated at the training sessions - are you? That isnt meant to be an insult but you do need to seriously consider how (if at all) you have failed to take on the training provided by them.

Perhaps your first option would be to visit your nearest CAB and ask to be put in touch with a solicitor who could give you a free initial consultation.

In this situation, I would rather use a legal person to handle things as the small claims procedure deals more with "black and white" issues and yours is open to all sorts of interpretations.

zzzLazyDaisy

Okay, thanks for explaining things in more detail. I get the picture now.

I am assuming that the amount you paid is less than £5000 since you have mentioned the small claims court?

One thing you might wish to consider before commencing proceedings - have you contacted Consumer Direct? The reason I ask is that one possible way to deal with this might be to report them to Trading Standards, and in order to do that you need to speak to Consumer Direct.

They will tell you to write a letter to the company and will tell you what to say, and to warn them that if you do not get your money back you will commence court proceedings (you have to do this anyway, before issuing proceedings). If you don't get a satisfactory solution, consumer direct will pass the case to Trading Standards who will normally write to the company on your behalf. It is possible that the solicitors will advise them to pay up at that point, to avoid adverse publicity. If you are in touch with the other people, I'd get them to do the same.

Doing it this way might save you the time and expense of going to court. But if that doesn't work (or if you decide you want to go to court regardless) come back and we'll help you to produce a particulars of claim.

Regards

Daisy

k1mmie

Thank you for your advice. I did not know of consumer direct, so this is definitely an alternative.

As mentioned, i did email them on many occasions asking for my money back and even giving me the chance to try to make the business work, but they ignored it. The other people who bought into the package have either just put it down to experience, or thought the company had gone bust, and moved on.

I really could do with the money if I can reclaim it.

What method would you recommend?

Thanks