MSE News: Small claims court limit could rise to £15,000

Oopsadaisy

wealdroam wrote: »

Excuse me, but what has that got to do with Small Claims Court limit?

This is pretty much the norm for the forums nowadays...just hijack any vaguely related thread rather that using either the 'search facility or starting a thread of your own.

Small_Claims_2

Yes, been there. They sold me a duff dongle and messed me around. Thankfully I have my own legal company, where I take on all claims over a wide range of issues.
Armed with my knowledge, I sued them at one of their shops local to me so that the case would be heard locally.
By the time the writ was served at their local shop, then probably shunted from office to another, I obtained judgement by default.
A Legal Exec from 3 called me to say they were sending a cheque in the post, but it would be subject to a confidentiality clause.
I told her to get stuffed as I would tell all and sundry to whom I wished.
The cheque arrived with a confidentiality clause to sign.
I cashed the cheque and binned their letter.
Dont take it from them or anyone else !!
Tony Fischer

Small_Claims_2

bowdonblue wrote: »

The bad news about this proposal (which is just out for consultation at the moment) is that you would NOT be able to claim your own legal fees from the person or company you sue, for any claim up to £15k.
Claims up to £15k can be very complex, and if the government push this through then any solicitor would require you to pay their fees (roughly £2k - £5k) up front before getting involved. In reality, this means that most people won't be able to afford to pursue claims up to £15k, unless they are prepared to take on the daunting proposect of acting as a "litigant in person", which most people would be deterred by.
This could be be a disaster for those who have a legitimate claim.

I agree ........... bad news !! And the mediation service is not binding unless both parties sign up there and then to the agreement.
In my opinion, a judges' order is the best way forward.
Even if one could claim costs as litigant in person, such as the "fast track", you are only awarded £9.25 an hour.
Raising the limit to £15k only serves to claimants chancing their luck, as costs wont be awarded if they lose. conversely, defendants could run the defence even if there was a slim chance they may succeed, knowing they will not have to pay costs.
Not ideal !!!
However, I run my own small claims company which charges a fraction of solicitor fees, which opens up the arena for claimants and defendants to pursue their cases.
What really needs reforming is 151 local courts are closing, meaning the remaining courts have to take on their work.
London Courts are outsourcing their work to a main centre at Haywards Heath which has turned out a nightmare. They lost 2 of my files and I had to assist them by submitting all my paperwork and my cases are being heard later, as the courts are stacked up with cases.
Thats not justice ........... its disgraceful given that all court fees have risen this year by an average of 10%
So we all pay more to have to wait much longer for our cases to be heard.
I hope this has been useful to all
Please feel free to ask me for assistance on legal matters
Regards
Tony Fischer