Small Claims Court guide

gemnomnom

Hello

I was claiming £54 through MCOL. The owner of the school has since paid the £54 but not the £25 court fee.

Is there any way I can claim the £25 back? Either from him or the court?

EDIT: Have read in the MCOL notes "If the defendant pays you after the claim was issued, you may still be able to pursue them for the fees (although the defendant may file a defence disputing the fees)." - How do I pursue them for fees? Does this just mean you may be able to come to an informal agreement?

Also read, "If you are willing to accept the amount you have received in settlement of the claim, you can mark the case as paid by clicking on ‘update claim status’ button."
But cannot see this button? Do they need to do something on their end before I can update?

gemnomnom

fatcharlie wrote: »

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.

I know a previous poster pointed out the relationship with your family vs the value of a RC plane but I'd just like to say I really feel for your situation... I'm afraid I'm a SCC newbie so can't help too much (except for I know you can claim for damages, so perhaps time and wellbeing as you mentioned above) but I can ask if you've heard of BPD? Borderline Personality Disorder. What you described sounds similar to the cases that I have seen of it. Best of luck

rathebrit

Hi, new to this. long story cut short. took someone to court, for unpaid rent. MCOL. everything was going well, when I received a directions from the local court, saying I had to submit my evidence with 7 days. this I done, well within time, I even phoned the courts to find out if they had received them. the person on the phone did not know if they had been received, so I emailed them over, just in case.
I turned up in court, with the judge and the defendant, where the judge asked the defendant and myself if we had submitted our paperwork. both replies were yes. we were ask to step out the court, for the judge to fetch them. back into the court room. I asked the judge for a copy of the defense, as I had not received it. The judge refused my request. I mentioned to the judge that court form N9b which was supposed to be completed by the defendant, was not signed. it also stated that "she had never rented anything from me", nothing more. the judge said she accepted that N9b was completed by the defendant. the judge went on and on. to which I asked her, what she was talking about. I brought her attention back to the statement on form N9b, she did "not rent from me"
the judge on her summing up, the judge admitted the defendant did rent a room from me. but gave the decision to the defendant. but not telling me why. I asked her if I can appeal, the judge replied "NO". I have submitted form n225, requesting judgement by default, as no defense was received. I submitted appeal form, (all in time) the court has not responded to any of the court forms.
I have written to the court in question, but sit firmly on the fence.
any fresh ideas would be gratefully received, help Martin or one of your many followers, please

liam8282

gemnomnom wrote: »

Hello

I was claiming £54 through MCOL. The owner of the school has since paid the £54 but not the £25 court fee.

Is there any way I can claim the £25 back? Either from him or the court?

EDIT: Have read in the MCOL notes "If the defendant pays you after the claim was issued, you may still be able to pursue them for the fees (although the defendant may file a defence disputing the fees)." - How do I pursue them for fees? Does this just mean you may be able to come to an informal agreement?

Also read, "If you are willing to accept the amount you have received in settlement of the claim, you can mark the case as paid by clicking on ‘update claim status’ button."
But cannot see this button? Do they need to do something on their end before I can update?

I can't answer your question, but I am in the same position.

On the gov.uk website, all it says is that you can claim your fees back if you win the case. But nothing if it is settled before actually going to court.

I agreed to settle my claim, believing that I would be able to somehow get my fees back from the court, for settling out of court, but can't find any further information about it.

https://www.gov.uk/make-court-claim-for-money/court-fees

To mark the case as paid, you need to login to the MCOL website, scroll to the bottom where it says claims you've made, click on the blue highlighted claim, then scroll down to update claim status, that is where you can mark it as paid.

Hoover2112

I bought a car last week and found out on checking service with the alleged service dealer that the last 3 service stamps are fake. The last owner has confirmed the same. Dealer sold it as Full Service History. I have spoke to CAB and sent details and confirmation of my findings to the dealer but they have just come back and said I should have checked the service history myself before I bought it. I have asked for a full refund or partial to cover the actual history but they aren't responding other than what I put earlier.
next step is Visa Debit Chargeback but, does it look cut and dried for small claims if not?
Seems its a trading standards issue as well which is a heavier penalty but they dont seem to give a monkeys.
Car also used for my business so I am without a car at the moment but dont want to start hiring cars at extra cost if I wont get it back. If it drags out for month I will need to get a another car incurring more expense...

Any help, thoughts, assistance would be appreciated.
Ta
Deano

1angrymum

I paid £150 to a so called friend on 4th April for some concert tickets for my daughters birthday present, on the 26th may I contacted her and asked what was happening, I had 2 responses but only one saying she will post them through my letterbox the night before the concert, on the morning of the concert still no tickets so when I finally got in touch with her I went to her house to collect them.
She refused to give them to me saying I hadnt communicated with her, she knew full well that only 3 wk before I has lost my baby at 17wk and had been in and out of hospital as well as suffering from depression, I told her that the concert was the last thing I wanted and she said well Im not giving them you so I asked for my money back and she said once she had sold them, I left peeved to say the least. Since I have heard nothing about the tickets or money only a message saying it was me who had let my daughter down and she had done nothing wrong, I have contacted the police but as it is a civil matter they cant help, so I have been advised by them and the CAB to make a claim through the small claims court, I have sent her a message today highlighting this giving her 28days to respond with her intentions but im not expecting anything. Am I in with a chance of winning or this even being accepted as it is only for £150. I wouldnt really bother but it was my daughters birthday present and this friend of mine knew this so it really is a 12yr old she has stolen from.
please advise

Naughtynat

We had someone in to do some plastering in our home. The finish was awful. Lumps, bumps and rough. We spoke to the plasterer and he agreed to come back and rectify the job. After lots of messing us about he finally came back and started the prep. He was then due to come back the following day to start the re-plastering. He then gave us excuse after excuse as to why he couldn't come. We told him that we couldn't go on with out house in the state it is in and that we wanted a refund from him so that we could get someone else in to do the work. He came to the house to pick up his stuff and told us that he had some work on and that he would pay us back within a week. He actually signed a statement confirming he would pay us within a week. Needless to say we have received no money. We are now looking at taking him to small claims court for the money paid for him to do the job together with the cost of the materials that we bought for him to do the job. Can we also add the cost of us having someone else in to rectify the job to our claim?

RoyBGood

I've just started a claim against a Building Society for PPI mis-selling in the small claims court, but on the defendant's paperwork, following the sub-heading 'What the Court is being asked to do' they say 'the claimant do pay the Defendant's costs of this matter, to be summarily assessed if not agreed'. I previously understood that the whole point of the small claims court was that this David could take on Goliath without fear of being exposed to the risks of paying the Building Society's costs if I lost - could someone with appropriate knowledge and experience comment on this? Thank you.

kayej

I am unsure how to take an international company to small claims court? I made a airline booking on Qantas and ended up spending a lot more money than I should have due to their sales staff giving wrong information - which Qantas have admitted to but I'm unsure how I can take them to small claims?

Retrooster

I want to claim compensation rom a motor manufacturer for a deteriorating finish on their alloy wheels. I bought the bike from new. I have the original invoice, several letters of complaint and photographs. Do I have send all of these in with my initial forms please?