Small Claims Court guide

travesty

We went to the small claims court unrepresented seeking £2000 compensation off a barrister and 2 QCs for an alleged breach of the DPA, but ended up losing and were ordered to pay over £25,000 within 2 weeks

Crazy_Jamie

mumlady1 wrote: »

I'm seriously worried about this as I know if it goes against me my credit rating will be shot.

Just to deal with this, but your credit rating will not be affected providing you pay any judgment against you within the time stipulated on the order, normally within 14 days. It will only become a CCJ if you fail to pay the amount. So providing you do pay your credit rating will not affected, even if you lose.

travesty wrote:

We went to the small claims court unrepresented seeking £2000 compensation off a barrister and 2 QCs for an alleged breach of the DPA, but ended up losing and were ordered to pay over £25,000 within 2 weeks

Do you have a particular question about this? Costs are rarely ordered in the small claims court, but they can be ordered if a party acts unreasonably in some way. You will most likely have been ordered to pay their costs because your case was frivolous or otherwise had no prospects of success, though I expect the Judge will have explained at the hearing why costs were ordered against you.

fatcharlie

During an argument with my adult (28yo) stepdaughter, (who has been living with myself and my wife after her break-up with her boyfriend last November) she burned some of my belongings. I could not interfere since it would have required physical contact, which I believe she was trying to provoke. My wife (the stepdaughter's mother) was there and witnessed the burning. I remained in our bedroom and did not witness the act, but have seen the residue.

What recourse do I have to recover the value of these belongings? Can I use the Small Claims Court for a personal matter such as this?

The belongings in question were all personal property, mainly clothing. However, one of the items was a radio-controlled model aircraft which I was building. Materials value was only around £10.00, but it had taken me around 12 hours of construction work at that stage. If I am to duplicate the work, it will require another 12 hours of my time which I cannot replace - do I have any legal right to compensation for my time?

Lastly, during the argument she launched a vicious personal attack on me and made explicit threats - including a threats of physical violence and a threat on my life. She left the house the next day and went to live with her sister. Given that she has crossed the line insofar as burning my personal belongings while I was present, I fear what she might do next.

She has a history of forgetting her key and getting into the house through a window or by fishing the key out of the back door. I have moved the key out of the back door to secure stowage, changed the lock on the front door and ensured all other entries are secure - even going so far as to screw shut any windows which will not lock. I am very anxious and do not want to go out of the house except for work and for essential purposes. Is there anything to be done about compensation for the very real distress I am experiencing?

The argument, btw, was ostensibly about the loss, and subsequent discovery in my work bag, of her passport prior to a trip abroad. She believes I hid it from her (although fails to explain why I would try to prevent her from being away when we get on so badly), and of course I did not hide it. My refusal to 'admit' to something I didn't do brought on a temper tantrum, which she is known for in the family.

Hoseman

I have a question that Im hoping someone can help with. My partner is in a situation where she is owed money by an ex employer while working as a freelancer.

My question relates to whether the threat of taking a company to the SCC is likely to affect their reputation? Just wondering if this has any bearing and shows up in any searches somewhere like their credit rating. In other words is this likely to be a factor to make them pay before going down the SCC route? If it is, she can add this to her note when advising that the SCC is the next course of action if there is still no payment.

techguy81

Hoseman wrote: »

I have a question that Im hoping someone can help with. My partner is in a situation where she is owed money by an ex employer while working as a freelancer.

My question relates to whether the threat of taking a company to the SCC is likely to affect their reputation? Just wondering if this has any bearing and shows up in any searches somewhere like their credit rating. In other words is this likely to be a factor to make them pay before going down the SCC route? If it is, she can add this to her note when advising that the SCC is the next course of action if there is still no payment.

If successful in SCC then CCJ is issued against the defendant. If defendant does not pay CCJ within 30 days, it remains on credit record for six years. I understand you can apply to have them removed in certain circumstances however.

Depends how bothered and stubborn they are. I've used SSC against two businesses so far, both successfully. Threats of SSC didn't work, so had to actually open cases. One went all the way, the other paid up before it got to court.

Didn't work against an individual though, he wasn't bothered and had a string of CCJs going back years.

EDIT: just remembered I used threat of SSC plus interest plus expenses against an individual in the construction trade. He then paid up within my 30 day time limit. So perhaps it can work, but it depends who you get, how bothered and how experienced with the system they are.

Hoseman

Thanks very much for the insight!

Closure

Hi everyone, Just looking for a little advice. Unfortunately we're in the position where we will be taking someone to the small claims court on Thursday. We have his work address but not his home address. Would the court force him to disclose his home address to enforce the judgement should we win? Would this effect anything? Many thanks.

liam8282

I have recently started the ball rolling on my first claim in the smalls claims court.

The company has decided to defend the claim. I am waiting for the directions questionnaire now and what to do next.

When I initially submitted the claim, I thought the particulars of the claim section was very brief and limited, as I filed online.

Now, when the directions questionnaire arrives, will this give the opportunity to tell the full account of what happened, along with supporting evidence?

I am unsure as to what I happens from now on.

Fatsheep

Hi,
I am the defendant with a counter claim in a case.
Both parties had to send back N180 by March 21st. Both parties ticked to agree to mediation.
I haven't heard anything since, anyone know how long mediation normally takes to arrange? The form asked me to exclude dates "in the next six weeks" when I wouldn't be available so I assumed tey would aim to hit this timescale.
Cheers

busiscoming2

I am hoping someone can give me some advice please.

OH is a SE builder and did some work for a Landlord on one of his properties. We are having trouble getting him to pay the bill of £1500. The only contact we have is an email address. The landlord is living in America. Would it worth using the small claims court or is he untouchable because he is abroad? Thanks in advance.