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Small Claims Court guide

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  • Hi I'm new to this, but wondered if anyone has any advice about getting a refund from pontins in Wales, holiday from hell doesn't touch it. We went on a sun holiday. Paid £299 for 4 nights. We got there had to wait 6 hours to check in. No communication from staff, they just stuck an a4 bit of paper up saying it was due to no power. But all the electric was on. Got to room, hadn't been cleaned, I complained, next morning all ants in my daughter bedroom, complained. It just got worse and worse, I wasn't the only one. It was the entire site I think. If you look on trip adviser, and see the comments. Mouldy bread. Health and safety hazards everywhere. I called environmental health department when we were there, they said they would call back, they didn't. My daughter started vomiting on 2nd day so we complained again to manager, he shrugged his shoulders, and said " what do you want me to do." I asked for refund several times. Got told no. WHen we arrived home I've written letters to The sun, pontins, pontins head office, and the environment agency, enclosing a DVD with pictures and videos. Highlighting everything, and asking for a refund, and so far, pontins has just replied saying, thanks for your concern, blah blah blah. But offered me NO refund. What do I do next?
  • Send them an LBC [was LBA Letter before Action].

    Wait the two weeks then slap in a claim online at iirc mcol.gov.uk

    Piece of cake [or as I saw recently 'peace of cake'].
  • Hi

    Since I have won a small claim court case, I have issueed the warrant execution in late July to recover my money back. Unfortunately the bailiff was too slow to recover my money and they did not go there to recover till September. I emailed the bailiff manager several times to ask what happened and the manager was too slow to email me and give me a litter of excuses which gave the debtor time to disappear.

    Now I received a letter for bailiff via County Court to confirm that they lost them and no longer continued hence my warrant execution stopped. They advised me to trace and track them and reissue the warrant execution again which means I have to pay more.

    Should I complain to the County Court about this bailiff's incomplete?

    Should I not give up and continue to put my faith in the court system and pay to reissue the warrant execution once I find their wheresabout or write my money off?

    Looking forward to hear from you

    Regards

    Fuzzythinking.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Should I complain to the County Court about this bailiff's incomplete?
    Yes, I would be complaining about their incompetence.
    Should I not give up and continue to put my faith in the court system and pay to reissue the warrant execution once I find their wheresabout or write my money off?
    That depends to some extent on how much your claim was and whether or not you can afford to lose that money, doesn't it?
  • wealdroam wrote: »
    Yes, I would be complaining about their incompetence.


    That depends to some extent on how much your claim was and whether or not you can afford to lose that money, doesn't it?

    Is any private debt recovery company that I can use to recover my money quickly rather than going through County Court which I found so slow and labourious?

    Regards

    Fuzzythinking
  • Is any private debt recovery company that I can use to recover my money quickly rather than going through County Court which I found so slow and labourious?

    Regards

    Fuzzythinking

    Any suggestion?
  • No.............
  • Wondering if anyone could give me some advice?

    Four years ago I instructed a solicitor I knew to try and recover approximately £400 from a customer of mine who never paid. The solicitor was successful in obtaining a CCJ, but no money ever came my way. The last I heard, the solicitor had instructed the bailiffs to try and recover the amount owed. He also mentioned the debtor was "very well known to the court". I lost touch with the solicitor and he no longer works for the firm. I also moved house shortly after the CCJ was obtained and never received any paperwork about it, plus I was very busy with other things in life, so the whole thing fell by the wayside.

    I have decided to have another try at recovering my money. I did a check on the debtor recently and he has a list of CCJs as long as my arm, some very recent and at the same address, so I assume he still lives there.

    I have contacted the court directly and they tell me the last action was in March 2010, when the warrant of execution was suspended by order. They haven't given me any more information than that.

    Just wondering what my next steps should be?
  • gb12345
    gb12345 Posts: 3,055 Forumite
    techguy81 wrote: »
    Wondering if anyone could give me some advice?

    Four years ago I instructed a solicitor I knew to try and recover approximately £400 from a customer of mine who never paid. The solicitor was successful in obtaining a CCJ, but no money ever came my way. The last I heard, the solicitor had instructed the bailiffs to try and recover the amount owed. He also mentioned the debtor was "very well known to the court". I lost touch with the solicitor and he no longer works for the firm. I also moved house shortly after the CCJ was obtained and never received any paperwork about it, plus I was very busy with other things in life, so the whole thing fell by the wayside.

    I have decided to have another try at recovering my money. I did a check on the debtor recently and he has a list of CCJs as long as my arm, some very recent and at the same address, so I assume he still lives there.

    I have contacted the court directly and they tell me the last action was in March 2010, when the warrant of execution was suspended by order. They haven't given me any more information than that.

    Just wondering what my next steps should be?

    To be honest you would probably just be throwing good money after bad.

    If he has a string of CCJs and the previous bailiffs had no luck in collecting from him then he probably has no assets for them to sieze.

    You could try for an attachment of earnings order, but this is not an area I am familiar with.
  • gb12345 wrote: »
    To be honest you would probably just be throwing good money after bad.

    If he has a string of CCJs and the previous bailiffs had no luck in collecting from him then he probably has no assets for them to sieze.

    You could try for an attachment of earnings order, but this is not an area I am familiar with.

    Thanks for the input. I feared as much when I saw the list of CCJs against him. It sounds as though he's a seasoned pro at playing the system.

    It bugs me however, knowing that he lives in a large house in a fairly affluent area. From what little I know about his employment status, I believe he is/was possibly a director at a large, international firm with offices in London, so I doubt he is broke.
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