Small Claims Court guide

wealdroam

jevahr wrote: »

I have a really clear-cut case in which my flight with an EU airline was delayed by 24hrs due to mechanical issues. According to EC Regulation 261/2004, I am entitled to compensation (in my case, 600euro). I have followed the protocol to submit a request with the airline, and when they didn't acknowledge me, the civil aviation authority (who also didn't acknowledge me). I would now like to take the next step in pursuing this and file a small claim. My question is: as a UK resident filling a claim against a Spanish company, is the UK small claims court the appropriate avenue for my claim?
If not, what is?

Appreciate any feedback!

There is a whole board dedicated to Flight Delay Compensation.

It would be a good idea to ask you question there.

Highlander2013

sodukoman wrote: »

Perhaps you could give a bit more detail? Why did he think he needed to cut the chain/padlock and how did that lead to your loss? Cutting and damaging a padlock and chain as opposed to opening with a key maybe £50 damage ish?

Hello,thanks for replying,my yacht was beached on a stone beach 10 miles away from the harbourmasters office with the bottom of one of the bilge keels damaged and metal balast had falling out of one keel and i did not know how to repair it,it took me a few days to find out how to repair it,i presumed the harbourmaster was experienced and presumed knew what he was doing,i was in his office and he said they would tow it back to there harbour by putting plywood on the stones to drag it into the water when the tide came back in and he suggested they removed anything inflamable like petrol and gas containers and asked is there anything valuable i wanted from the yacht,i only realised after they had gone away that i hadn't given them the key for the padlock,the harbourmaster later told me they cut the padlock chain.

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It took me 2 days to find out the balast weight and i could of easily of repaired the damaged keel and refloated the yacht on my own but i did not know this on the first day.
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What happened was the harbourmaster and a few other harbour boat people took his boat across the 10 miles of water and dragged my yacht over the stones and damaged both keels then it capsized and filled with water so now it was in a more damaged condition which i was told would cost over £1000 to recover,the harbourmaster then said IT WILL PROBABLY BREAK UP on the beach,they emailed me photos showing more damage and the yacht capsized.
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Then because there was no lock on the cabin because the harbourmaster had cut the padlock chain people started looting my belongings,my yacht was on a remote beach 7 miles from any town and 10 minutes walk far from the main road so was very safe and hidden from public view so how could it be looted if no one knew it was there.
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If your car broke down and a mechanic comes to fix it you dont expect him to completely wreck your car you expect it to be repaired,so the title HARBOURMASTER means a person who is a qualified experienced master at there job so how can they have caused my yacht to be destroyed if they knew what they were doing and had intentionaly destroyed my yacht.
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It took me 2 days to find out how i could of repaired the keel but by that time my yacht was in a worse condition caused by the harbourmaster,but he insists they only tried to help me and he even wanted me to pay him the money to hire a crane to lift it out of the water and if i didnt then they would get a digger to break it up and take it to the scrap yard.
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This is beyond belief that they think they were only helping me and they refuse to give me the £1,350 i paid for the yacht.
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I also lost 2 brand new anchors costing £80,petrol and containers costing about £60,and bags of tools and fibre glass sheets and resin estimated over £100,a brand new diving suit and plimsoles,brand new ropes and anchor chain £70 so my estimate of £200 belongings is just a low estimate,i had brand new fenders,aluminium oars,a high quality spade,tins of food,two 10 litre water containers,BUT NO RECEIPTS,the list goes on.
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I could give you a link with photos of the yacht in perfect condition then totaly trashed.

now3d

Hello

I would value any comments or feedback on my situation from forum members.

Quick summary

Letting agent offered a flat for a certain period with contract (emailed to me an unsigned contract)

I paid holding deposit by bank transfer (did not sign contract).

Letting agent withdrew contact, and issued new contract to for a longer period that was not suitable for me.

I asked for my money back and explained the reason.

Letting agent refused to give my money back, citing various reasons ("Holding deposit was non refundable", "email assurance that although contract was changed, I could leave at the original duration").

I've explained in my letter that they withdrew the offered contract, so they should return my money.

My understanding is that next step would be

A) issue formal Letter Before Action. Explaining I have been reasonable, and they have acted unreasonably by keeping my money for more than 28 days after they dropped out of the tenancy they initially offered.

Small Claims Court


I checked and they are not registered with any industry body of letting agents or other group that I could escalate the complaint to.

Could anyone point me to a guide to "pre action conduct" that I could follow please. I am a little unsure what to do next...

Many thanks for reading this far. Any tips appreciated.
Rich

wealdroam

now3d wrote: »

Could anyone point me to a guide to "pre action conduct" that I could follow please. I am a little unsure what to do next...

Have you seen this CAB webpage:

http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/the_rules_about_making_a_court_claim.htm

There is a sample LBA in there too.
See here: http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/before_you_take_someone_to_court/step_one_write_a_letter_before_action.htm

Redmikee

Hi All,
I have been in dispute with an Austrian car hire company since our holiday last year.
They say we caused about £300 of damage to the car which was clearly marked on the check out report and they charged my credit card .
We have tried to discuss this with them but they just say they will not give us the money back without explaining why.
We think we have a pretty good case for getting the money back through the European Small Claims procedure but are slightly worried about the costs of lawyers fees or translation of documents etc although the information I have found suggest the process is designed to keep costs low.
Has anyone had any experience of the European process who could let me know how they went on?

Thanks

Mike

cheekymole

Hi,
If I take an individual to Small Claims, would the defendant then have access to my address if I did not use a solicitor?
Thanks for any info

Computersaysno

cheekymole wrote: »

Hi,
If I take an individual to Small Claims, would the defendant then have access to my address if I did not use a solicitor?
Thanks for any info

Yes...iirc you are asked to give your address to file.

cheekymole

Computersaysno wrote: »

Yes...iirc you are asked to give your address to file.

Thank you, I understand that I have to give my address but just wondered if that was purely for the court.

DANHEL

I am going through a challenging time with my electrician. He quoted in an email £2,900 for the work and at the end of the job (around 6-8 weeks) he sent an invoice for £4,500.

He says that as we went along he told me things would cost more which is nonesense. I have tried to be reasonable and offered to meet in the middle but its getting me nowhere and he may decided to take it to court.

I can't see how based on the only written evidence he has a chance but anybody have any thoughts?

Much appreciated.
Daniel

robnye

Hello, I have a situation which I think is best suited for small claims court, but I have a lack of information

We hired a hot tub for a week, full payment for the hire
which include
hot tub hire
gazebo hire
deposit

was paid end of September 2013, we received the hot tub on 1st November. We did not receive the Gazebo as the suppliers one was torn, also the extension lead he had supplied was faulty - meaning I had to arrange an alternative .

when we originally booked the hire, we were told that the refund would be 'posted through the letterbox' if we werent at home when the hot tub was collected, we were at home and the chap collecting didnt know anything about the deposit. the hot tub was collected on 7th November.

I have since spoken to the supplier and been told that If I gave him my bank account details he would arrange immediate bank payment this was on 11th November, plus he would include an additional £20 compensation. - so £100 due.

I waited and checked my bank account daily, also phoning him daily. On the 14th he said he would check with his bank...... on 15th he was unavailable.
on 18th I spoke to him at 16:50, to which he said send him a paypal money request, which I did, I then travelled home by train, when I got of the train I checked my papypal account no money - I phoned him and was told, he would deal with after putting kids to bed, so approx 2 hours - but I would have it by the time I got up in the morning.
Today no money - phoned no answer.

the issue is I dont have his surname - although I think I have found it (he is a webpage designer and had put a surname on one of his test pages - which he has released into the internet - doh).
I have tried tracking the company down via companies house and get an office address but listed under another companies name.... so I a little perplexed.

Any ideas.... as I believe I need his name and confirmation of the company address before I can write to him, giving notice on intention to send in the small claims form