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Small Claims Court

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Comments

  • Thanks:beer:
  • mpython
    mpython Posts: 3,677 Forumite
    1,000 Posts Combo Breaker
    If you have a piece of paper from Comet which says the unit is dead then that's pretty conclusive!

    I think Comet will most likely offer to settle before you go to court (including your court fees & resonable expenses) as it'll save them having to attend court & employ a lawyer. They may even make an offer just before you go in to see the judge. If this happens, you should consider their offer seriously rather than think "I will have my day in court". If they can show the judge they have tried to resolve it beforehand, it can reduce any claim for costs that could have been avoided had you settled beforehand.

    From what you've told us, I'm sure you're going to win. Just stay calm, cool & collected.
    From MSE Martin - Some General Tips On Holiday Home Organisations and Sales Meetings

    DO NOT TOUCH ANY OF THEM WITH A BARGEPOLE!
  • Just make sure that you read up on the piece of law, then break it down into the 'points to prove'... I don't know much about civil law, but as an example I will use theft. The law says that a person is guilty of theft if they 'dishonestly appropriate property belonging to another with the intention of perminantly depriving the other of it'.

    The points to prove are:
    - Dishonesty
    - Appropriation of property
    - Belonging to another
    - Intention to perminantly deprive

    You then need to make sure that you cover all the 'points to prove' when it's your turn to say your side. Eg

    'I saw him take a Mars bar off the shelf (appropriation of property) in Tesco (belonging to another) and put it in his pocket while looking around him nervously (dishonesty). He then walked out the store, making no attempt to pay, (dishonesty & appropriation again). I then watched him eat the Mars bar (perminantly deprive).

    Hope this makes sence!

    Citizens advice may be able to offer you some advice.

    The thing to remember at court is that everyone there is human and they are used to dealing with people who have not been to court before. They will not judge you on how you put your points across but on the points that you make.

    It sound like you have a good case so be confident, do your preparation and you should have no problems!
  • spuds_2
    spuds_2 Posts: 874 Forumite
    I have found this site useful (it's not just about bank charges)

    http://www.consumeractiongroup.co.uk/

    They recomend a book called 'Small Claims Procedure: a Practical Guide' by a judge called Patricia Pearl which you can get through them or Amazon.

    Hope this helps. Good luck.
  • Thanks people:beer:
  • I was one of the sucessful claimants in the Hoover free flights fiasco and ended up in court with them. Yes they travelled all the way to Yorkshire with Company Solicitor and Barister to defend, but I found the Judge helpful and almost on my side!
    Be fully aware of all the details of your case when asked to speak and there is nothing whatsoever to worry about.
    Good luck.
    DC
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