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dancingzen wrote: »
What about the pre-action protocols? do they still have to be used?
Going to court should be a last resort
Court action shouldn't be your first attempt to get redress. You must be able to show that you have tried to settle a claim before taking court action - if you can't, the court may penalise you.
The court will expect you to have already made your claim in writing, giving the other person a reasonable amount of time to reply (you should specify a time limit in your complaint letter). You should also warn them that you'll take court action if they fail to reply within the given time. You never know, just saying this may be the kick up the bum they need to cough up.
Don't rule out mediation before it gets to this stage. Sometimes even if you start a claim, the court might refer your case to a mediator. But don't worry, if you settle out of court before the hearing, you may be able to get some of your court fees refunded.
djprince1 wrote: »
I had a negative experience with a garage repair. They charged for 2 visits and didn't fix the car. I went through the whole process and filed everything on time and correct with the Court. The other side only responded after the last deadline and a week before the hearing date by informing me they had employed a Silk to defend them.
The Judge hadn't read any of the documents and didn't take into account their poor behaviour. He said the car could have developed 2 different faults (with identical symptoms), so he let them off. He didn't award any costs.
I was absolutely dumbfounded because all the advice Trading Standards gave me about consumer protection was stood on its head by the Judge, who demanded technical proof of incompetence.
I really think you need a lawyer's help to have any chance of winning.
emmalloyds wrote: »
About 10 years ago i took a lanndlord to court for my 1500 deposit and won-never got a penny ??apparently no way to enforce so waste of time..or has this now changed and if so can i apply again?
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