MSE News: Small claims court limits up to £10,000

Tam0207

I wonder if you could confirm that you claimed on your legal expenses policy and they turned you down on prospects?

The reason I ask is that I have in the past 3 years had reasons to claim on 2 different policies one was turned down flat and the other went so far with the solicitors and then turned down on prospects which is untrue, I won't bore you with the detail.

I have written to the FCA as I believe that the insurance companies have a significant conflict of interest and work on behalf of themselves as opposed to then clients and policyholders.


I am afraid that people do not complain about solicitors because they are intimidated and feel that they knowledge is not sufficient to challenge them and that is why is has not become an issue.

It would be good to know if this is the reason why you were turned down.

Thanks

mo786uk

Equaliser123 wrote: »

Worrying thing is the article seems to imply that it is a good thing that the limit has been raised.

"Small Claim" and "£10,000" do not really go hand in hand.

I am not sure I agree.

Perhaps 'small claim' is the wrong title - it should be something like 'simple claim'.

The reason for the informality is so that people can pursue the more simple consumer claims like a problem with a car within the small claims track.

the problem was that many normal consumer issues such as having a kitchen redone or buying a car were going over £5000 and ending up becoming much harder/expensive to pursue - that is largely down to 5k not being as much now and whenever the limits were set due to inflation.

IMO its a very good change for consumers.

InsideInsurance

Equaliser123 wrote: »

Worrying thing is the article seems to imply that it is a good thing that the limit has been raised.

"Small Claim" and "£10,000" do not really go hand in hand.

Most would argue that for consumer it is because it increases the amount of claims that have a low financial risk for the claimant. Previously people may be put off making claims if it falls into the fast track due to being liable for the defendants legal costs if the claim is unsuccessful.

Tam0207

So if I decided to make this claim via the samll claim courts as the insurance is not covered?

My claim is against a builder and can be spilt into 3 parts, illegal installation of boiler (he was not GAS Safe), I have reports from Gas Safe) and ten defective building works (as detailed by building control)

In order to avoid fast track could I make 2 small claims <10k?

Thanks

Equaliser123

mo786uk wrote: »

I am not sure I agree.

Perhaps 'small claim' is the wrong title - it should be something like 'simple claim'.

The reason for the informality is so that people can pursue the more simple consumer claims like a problem with a car within the small claims track.

the problem was that many normal consumer issues such as having a kitchen redone or buying a car were going over £5000 and ending up becoming much harder/expensive to pursue - that is largely down to 5k not being as much now and whenever the limits were set due to inflation.

IMO its a very good change for consumers.

Hear what you say but for a consumer to lose out on a claim of £10k because they have not understood the law or been properly advised is worrying.

I think it would have been better to look at access to justice in other ways (e.g. after the event insurance for wider range of claims, conditional fee arrangements, etc).

InsideInsurance

Tam0207 wrote: »

So if I decided to make this claim via the samll claim courts as the insurance is not covered?

My claim is against a builder and can be spilt into 3 parts, illegal installation of boiler (he was not GAS Safe), I have reports from Gas Safe) and ten defective building works (as detailed by building control)

In order to avoid fast track could I make 2 small claims <10k?

Thanks

Typically you can only have 1 claim for 1 incident.

The values are ultimately guidelines and not a hard and fast rule, a very complex case with small value can be pushed up into a higher track just as a very basic claim that just happens to have a high sum involved may be heard by a lower track.

Mazzza

Hi
Can anyone advise, I have an ex business partner who left owing me half of an £11,000.00 loan and half of an 8,000.00 loan I offered to pay an old vat bill with, plus some other small bills and bits he used my accounts i.e. buying business materials.
Is it worth taking him to small claims court or is there another way?
I do have a business agreement and he has taken work from our company by trading with the same trade and stealing a large contract we both had together.
He has nearly ruined my company all because I wouldn't sell to him.
thanks in advance

wealdroam

Mazzza wrote: »

Hi
Can anyone advise, I have an ex business partner who left owing me half of an £11,000.00 loan and half of an 8,000.00 loan I offered to pay an old vat bill with, plus some other small bills and bits he used my accounts i.e. buying business materials.
Is it worth taking him to small claims court or is there another way?
I do have a business agreement and he has taken work from our company by trading with the same trade and stealing a large contract we both had together.
He has nearly ruined my company all because I wouldn't sell to him.
thanks in advance

Your problem is nothing to do with the subject of this thread.

Your problem isn't even a consumer rights issue, is it?

Maybe you could start a new thread on the Small Businesses board.

Mazzza

Well thank you for being nice!
I didn't realise how many unkind people was on here!

zaax

Money Claim Online (MCOL) can be used for claims up to £100,000