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Small Claims Court guide

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Comments

  • Hi

    I have put in claim to someone who has an income of 1200 a month. Is there a certain maximum/minimum percentage they have to pay to me out of their wage or is up to the court

    cheers for any advice

    J
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    joel280986 wrote: »
    Hi

    I have put in claim to someone who has an income of 1200 a month. Is there a certain maximum/minimum percentage they have to pay to me out of their wage or is up to the court

    cheers for any advice

    J

    What?

    You put a claim in for your losses including court fees.
  • Crazy_Jamie
    Crazy_Jamie Posts: 2,246 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    joel280986 wrote: »
    Hi

    I have put in claim to someone who has an income of 1200 a month. Is there a certain maximum/minimum percentage they have to pay to me out of their wage or is up to the court

    cheers for any advice

    J
    I assume you're talking about a situation where you have obtained judgment and the other party asks for time to pay. By default all judgments are payable within 14 days, but the judge can and regularly does extend that period to 21 or 28 days. Where a party asks for more time than that, and for example asks to pay in installments, it is entirely up to the Judge what the terms of the payment will be.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
  • Probably a stupid question but I want to be certain before I start.
    I want to make a claim against a company for sending me an empty box rather than the item I ordered.
    Looking at the Gov site it only mentions claiming money, so do I claim the value of the missing item, or is this procedure purely for claims regarding money owed?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Gordon_B wrote: »
    Probably a stupid question but I want to be certain before I start.
    I want to make a claim against a company for sending me an empty box rather than the item I ordered.
    Looking at the Gov site it only mentions claiming money, so do I claim the value of the missing item, or is this procedure purely for claims regarding money owed?
    You claim for your losses.

    Your losses are whatever you paid for the goods, inc. delivery, plus any costs in pursuing your claim.

    Have you read MSE's Small Claims Court guide yet?
  • steevi
    steevi Posts: 43 Forumite
    I sent my horse out on loan back in November 2008, with all his associated tack & equipment (worth approximately £2400). We had a contract drawn up based on the British Horse Society template that included an inventory.

    This year I have finally found myself in a position to have him back, and arranged for a transporter to bring him and his belongings up from Cornwall to Manchester. His loaner was kept informed of this at all times, and given plenty of notice.

    The horse arrived safely back here in July 2013, but without any equipment. The loaner had said that she was unable to access it as it was on her lorry, which was in a locked yard and she was unable to contact the yard owner due to his mum's illness and subsequent death. She said she'd send it all up as soon as possible.

    Since then, I have been in contact but still have not received my equipment. We have offered various solutions- we asked for the yard owner's contact details to take the responsibility for chasing off of her; we offered to pay for the courier costs if finances were a problem; twice I have offered to drive down and pick things up myself. My parents have even said they will go down with boltcutters if access to the lorry is still a problem. Unfortunately, since October she has been ignoring my messages despite having read them. Messages have been sent via iMessage and also on Facebook, none of which have got a reply. I have tried phoning from my phone and unknown numbers, but they are never answered.

    She has moved house since the loan began and I do not have her current address or the address of where my items allegedly are. I have managed to find out where she works and yesterday sent a formal letter to her at her work address stating that she has 14 days to return the items or I will be seeking further legal action.

    Is it possible to claim for items in Small Claims?
    Is it even possible to file a claim without knowing her address?

    Any advice would be appreciated.
    Thanks.
  • Hi

    i am about to put in a small claims form. What happens if they pay me before the court has written to them? Do I forfeit my costs of putting the claim in?

    thanks in advance

    sonia
  • Hi all,

    I'm after some advice regarding some work done on a classic car.

    In July 2013 I had to make a big decision to have a floor pan rebuild on my VW 1986 Caddy. I bought the car previously with a dodgy MOT for £1800. I was advised that the value of the car without repair was approx £300- scrap metal. I was told the repair to the floor pan would be approx £1600. This was a huge decision for me but eventually decided to get the work done. 6 weeks later I was called down to the shop to be told that it would now be £2500. Again, in deep and considering the outgoings already I chose (naively now in hindsight) to persevere and keep going, again under the impression that this would get the job finished and my beloved Caddy would be back on the road. Late November, a phone call this time to say work had already been done up to the cost of £3100 and I'd be required to come down and pay or work would stop. Utter despair really, I'm getting in deeper and deeper. The work is now done and I was sent another bill for £1900 on top of the £3100 for work already completed. After disputed this has been reduced to £803 as a "good gesture" but I've been totally taken to the cleaners with each stage being just within reach of what I can afford/ what the car is worth albeit with the repairs done.

    I am considering a case for the small claims court in that atleast the last portion of work has been done without my permission, a bill simply raised. This did occur with £2500 to £3100 jump but that's my word against his. I have an invoice for £3100 stating that this is for materials/ labour and finish of floor pan. The latest invoice states the same. He's claiming that it is always difficult to put a price on these things but I feel I have at the least, been ill advised by a professional and at the worst, extorted of close to £3900.

    Apologies for the lengthy explanation, if anyone can help it would be much appreciated.
  • if i try to bring a claim against someone via solicitors but stop bringing the case to court

    Can i take out a small claims court for the solicitors fees incurred in pursuing the defendant even though we did not even get to court or even issue court papers
  • No.........
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