Small Claims Court guide

Computersaysno

Ok...£10,000 for >90% of the population.

blackbirdsinging

Builder or sub-contractor - which is liable?

We had some building work done which included fitting solar heating panels, which was done by a specialist firm acting as a sub-contractor, ie I did not contract directly with them.
There are problems both with the design of the system and the commissioning, and I am beginning to reach the end of my tether. The firm are doing their best, they are a new firm and are clearly out of their depth.
Who would I have to pursue to obtain redress if push came to shove - the original builder (who is a terribly nice person and knows nothing about this system) or can I directly deal with the sub-contractor?
Thanks

wealdroam

blackbirdsinging wrote: »

Builder or sub-contractor - which is liable?

We had some building work done which included fitting solar heating panels, which was done by a specialist firm acting as a sub-contractor, ie I did not contract directly with them.
There are problems both with the design of the system and the commissioning, and I am beginning to reach the end of my tether. The firm are doing their best, they are a new firm and are clearly out of their depth.
Who would I have to pursue to obtain redress if push came to shove - the original builder (who is a terribly nice person and knows nothing about this system) or can I directly deal with the sub-contractor?
Thanks

In this case, the subcontractor is only answerable to whoever contracted him to do the work... i.e. the builder.

thiennga

We now know that the "manager" is the daughter of the home owner. It is a family business.
We sent the letter (to both UK and US addresses) giving them 28 days notice to return the money and that period expires tomorrow. We didn't receive anything.

If we now fill in a small claims request with the holiday home address in the UK, they may not response. We are concerned that after a default judgement they may argue they told us they only receive mail in the US and get the default judgment cancelled. Apparently under rule 6.36 we can request permission from a judge to serve notice to the US but we have no idea how to do this!

Does anybody know if we can just use the holiday home address in the UK and whether they have any obligations to receive mail at this address?

keyser666

thiennga wrote: »

We now know that the "manager" is the daughter of the home owner. It is a family business.
We sent the letter (to both UK and US addresses) giving them 28 days notice to return the money and that period expires tomorrow. We didn't receive anything.

If we now fill in a small claims request with the holiday home address in the UK, they may not response. We are concerned that after a default judgement they may argue they told us they only receive mail in the US and get the default judgment cancelled. Apparently under rule 6.36 we can request permission from a judge to serve notice to the US but we have no idea how to do this!

Does anybody know if we can just use the holiday home address in the UK and whether they have any obligations to receive mail at this address?

Can you start your own new thread, would make it easier for others and you will get more responses

AmandaCrosbie

Hi All, new to this so wondered if anyone could help and share experiences?
I bought a car back in February and have been involved in a dispute ever since.
We bought the car in Oldham but are from Edinburgh. On the journey back in the new car the service light appeared on the dash. we tried calling the garage but got no reply. For the next 4 days, the service light appeared intermittently on the dash. 5 days later I called the garage and was promised a call back. I was called after a few hours and passed from one member of staff to another. i was told that the service light would be due to a faulty sensor in the car which would cost "a couple of quid" to fix and that the noise which had developed in the passenger side wheel would be due to the fact that I hit a pot hole and damaged a ball joint. When purchasing we knew the car was a right off previously but were assured that it was fixed to a road worthy standard.
Since then we have experienced problems with the abs braking system in the snow and now the skid light and abs light remain on the dash. The window wiper sprays no longer work and there are several issues with noises from the car.
We have had Vauxhall look at the car and used a lawyer to send letter to the company but they have not responded and have dismissed our application to reject the car or to have it fixed at their expense.
We would now like to proceed to a small claim but have no idea what evidence i would need nor if we would even have a case?
can any one help?
Amanda

keyser666

AmandaCrosbie wrote: »

Hi All, new to this so wondered if anyone could help and share experiences?
I bought a car back in February and have been involved in a dispute ever since.
We bought the car in Oldham but are from Edinburgh. On the journey back in the new car the service light appeared on the dash. we tried calling the garage but got no reply. For the next 4 days, the service light appeared intermittently on the dash. 5 days later I called the garage and was promised a call back. I was called after a few hours and passed from one member of staff to another. i was told that the service light would be due to a faulty sensor in the car which would cost "a couple of quid" to fix and that the noise which had developed in the passenger side wheel would be due to the fact that I hit a pot hole and damaged a ball joint. When purchasing we knew the car was a right off previously but were assured that it was fixed to a road worthy standard.
Since then we have experienced problems with the abs braking system in the snow and now the skid light and abs light remain on the dash. The window wiper sprays no longer work and there are several issues with noises from the car.
We have had Vauxhall look at the car and used a lawyer to send letter to the company but they have not responded and have dismissed our application to reject the car or to have it fixed at their expense.
We would now like to proceed to a small claim but have no idea what evidence i would need nor if we would even have a case?
can any one help?
Amanda

Hi Amanda, if you create a new post HERE then you will get far more responses

HelenHol

I have used the small claims court (through Money Claims Online) for many years and many cases with much success. I have used with none paying tenants (I have a number of rented properties), companies (who have always just paid up as long as they are traceable) and individuals.

I have always won either through none response then judgement (usually have to follow through with bailiffs then you get the money in full or a payment plan is agreed), payment before the case goes to court or going to court and the judge awarding the me the case. The only time i have not received the money is when i could not trace/locate the defendant. I have no legal training, although i am reasonably canny. The system works very well in my experience and everyone should try if you have a genuine claim.

tonyhamm

But not everyone will find it easy to fill in particulars of claim in the format required, circulate it to all parties, and then not be intimidated by threats from the counterparty to opt for strike out because the particulars are badly worded and claim that costs can be awarded against you for a incorrectly drawn claim.
There are various pitfalls to watch out for, and its far from a simple process even with MCOL

For instance my nan or aunt or 70% of people I know or average man in the street for that matter would not find it very easy to do at all.

Most people would be better off phoning trading standards and seeing if they will help first, a small claim if defended will cost you in time which you will not get compensation for.

magpiecottage

galaxy123 wrote: »

It went to an ombudsman who ruled with the insurance company - despite the rules saying if its unclear the ombudsman has to side with the consumer.

Which rule would that be? I am not aware of any such rule in the handbook of the Financial Conduct Authority.

Can I take it to court?

Yes - but that doesn't necessarily mean you will win.