Questions about taking companies/Hotel to court.

buel

Hi,
I have had a few complaints over the years, two with hotels that i've stayed in that have been ridiculous and one stay at Butlins. I have sent written complaints each time but got the usual letters in return.
My question is if i were to complete one of those moneyclaim online forms in order to take them to the small claims court, if i lost (if they bother to send a solicitor) would i have to pay their expenses?

McKneff

You have to pay a fee when you start a claim, I think if you lost, you wold just lose the fee.

But I'm quite happy to be corrected.

buel

Thank you for that.
So would they have to 'send' a solicitor or just provide proof disagreeing with my claim?

McKneff

buel wrote: »

Thank you for that.
So would they have to 'send' a solicitor or just provide proof disagreeing with my claim?

i would think they would have to provide proof, or at least set out their defence.

safestored4

I represented our allotments association as defendents in a small claims court case a couple of years ago. When we won the case we were asked by the presiding judge if we wanted to claim costs. So unless the law has changed in the last couple of years yes, you may face having to pay costs if you lose. We didn't ask for any so I don't know what the court would regard as reasonable.

buel

Can anyone else back this up/confirm please?

buel

Hello, anyone?

McKneff

There is a big difference between making a claim on line than actually having both parties actually attending court.

Look at the small print on the online claim.

buel

Thanks, i have read the guide/small print and it doesn't say what happens if you lose? (Would i have to pay costs, etc)

lincroft1710

As the appellants can claim costs if they are successful, then it seems only fair that the defendants could also claim reasonable costs if the judgement goes in their favour.

Safestored4 has said that successful defendants have been awarded costs, so decide if your claim is wellfounded and likely to succeed before you go down the MCOL route.

buel

I have and i do. However, the thought of having to pay costs running into hundreds of pounds is a definite concern.