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Small Claims Court guide

edited 18 September 2015 at 11:08AM in Consumer Rights
668 replies 144.3K views
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  • diddly74diddly74 Forumite
    804 posts
    Hi there I hope one of you lovely people will be able to give me some advice.

    First the Back Story: - Back in January my Best Friend and I discussed holidays for this year and it was decided between us and our partners, and her sister-in-law, that we would hire a cottage in Ireland and all go for 2 weeks to rural Ireland as they have family over there and had not seen them for a long time. I paid the £349 deposit on the cottage for all 3 families, thus making my "balance" portion due in July smaller (I thought I was being clever and would make it easier on saving our spends up).
    Anyway as the year progressed the Sister in Law's family backed out, and the story I was told was that they were having financial problems, trying to sell their home and couldn't afford the holiday. My friend and I agreed that we would now take the bill 50/50 now.
    On the 1st May, I found out that my Best Friend and Husband had been having an affair for approximately 12 months and my world imploded. I was very upset and angry (and still am), I confronted her and my husband and obviously the holiday was off!
    There have been quite a bit of nastiness since, not only were we Best friends, but we work for the same company and our children all go to the same schools and in the same classes. We lived our lives very closely together. Life has changed, I've lost my Best Friend, trust and support and I've said lots of things, she and her husband have decided to stay together and my husband has pleaded for a second chance.

    Anyway I asked for my money back on the holiday - at first due to my anger I demanded the cost for my flights too - but once I cooled down I knew that really I could only ask for what she originally owed me. That is now 50% of the deposit paid. The rest of the money is lost, cannot cancel the flights so will lose them.

    So after she and her husband have refused to speak to me over any issue, I felt forced to take my claim to court. Completed the MoneyClaimOnly form and they have both responded with part admission. I claimed for 50%, but both have submitted defence for a 1/3 (that being £116), as that is what was originally owed claiming that 3 families were going and the other family (related to them) backed out due to something my Husband had done earlier in the year regarding facebook, but that was not the story we were told when they cancelled orginally.

    So finally the reason for the question:- what do I do now? If I decide to accept this money (basically to get this part of our life closed and finished) how do I do it? Have I got a reason to say NO you owe me for 50%? As for the other 1/3 (if I accept a 1/3 from her) I do not know where her Sister in Law is as she has since sold her house and moved to Somerset or Devon so do not know how to request for her 1/3 of the deposit.

    So advice and help please, with great thanks from an Emotionally Exhausted and Very Sad 40 Something Who's Whole Life has Changed.
    Donna
    Economy; careful management; providence. Whether you call it thrifty or frugality it all comes down to getting more for your money.
  • wealdroamwealdroam Forumite
    19.2K posts
    Tenth Anniversary 10,000 Posts Combo Breaker
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    diddly74 wrote: »
    Hi there I hope one of you lovely people will be able to give me some advice.

    First the Back Story: -

    <snip the rest>
    Is this anything to do with the MSE guide mentioned in the first post on this thread?

    You really should start your own thread.
  • diddly74diddly74 Forumite
    804 posts
    Wealdroam, I know my post was a long one, but what I am basically asking is how do I go forward from here? I made my Small Claim through MoneyClaimOnline but there is very little clear guideance on how to progress now.
    I have received Part Admissions from both My "Friend" and her husband, both admitting and prepared to pay £116, but there is no clear button or guidance on how I go about accepting this - and as its Sunday I thought I would ask the kind people of the forum seeing as I cannot find anything clear on the net.

    If my request is in the wrong place I am sorry.
    Donna
    Economy; careful management; providence. Whether you call it thrifty or frugality it all comes down to getting more for your money.
  • RakshaRaksha Forumite
    4.6K posts
    Part of the Furniture
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    Update - with court date fast approaching on the 29th, we were contacted today by the mediation service...
    Please forgive me if my comments seem abrupt or my questions have obvious answers, I have a mental health condition which affects my ability to see things as others might.
  • LeanFoxLeanFox Forumite
    1 posts
    Hello. I would really appreciate some advice on my current situation. Long story short, I have issued a claim through money claim online against a roofer who did some poor work and left a lot of damage on our roof which had to be repaired by another roofer. Today, I received a text message from him saying "I have gone bankrupt, good luck getting what I haven't got."

    Is this it? Is there nothing more I can do? I am seriously out of pocket and am now in debt as a relative loaned me the money to repair the damage. If anyone has any experience or advice I would be most grateful!
  • RakshaRaksha Forumite
    4.6K posts
    Part of the Furniture
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    Update - mediation went nowhere, hes still only offering to take the vehicle away and attempt anothet (3rd) repair. All paper work supporting our claim has now gone to the local court and a copy sent to the defendant read for court date of 29th July
    Please forgive me if my comments seem abrupt or my questions have obvious answers, I have a mental health condition which affects my ability to see things as others might.
  • terrywterryw Forumite
    4.4K posts
    Part of the Furniture
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    LeanFox wrote: »
    Hello. I would really appreciate some advice on my current situation. Long story short, I have issued a claim through money claim online against a roofer who did some poor work and left a lot of damage on our roof which had to be repaired by another roofer. Today, I received a text message from him saying "I have gone bankrupt, good luck getting what I haven't got."

    Is this it? Is there nothing more I can do? I am seriously out of pocket and am now in debt as a relative loaned me the money to repair the damage. If anyone has any experience or advice I would be most grateful!

    Check that he really has gone bankrupt obviously. If so, nothing that you can do other than go on his list of creditors.
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • RakshaRaksha Forumite
    4.6K posts
    Part of the Furniture
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    Update - court date is 29th July, but we'venot received the defendents documents supporting his case.
    What should we do now?
    Please forgive me if my comments seem abrupt or my questions have obvious answers, I have a mental health condition which affects my ability to see things as others might.
  • RakshaRaksha Forumite
    4.6K posts
    Part of the Furniture
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    UPDATE!!!!
    The judge found in our favour! Because we had done everything correctly and had proof - ie the dealer MMC Mansbridge Motor Company if Welwyn Garden City had attempted to make a repair and despite that the vehicle had failed again leading to us formally rejecting it. We were awarded a full refund of all monies paid to them plus court costs but not interest or the cost of the return trips i had to make to take OH to work.
    Please forgive me if my comments seem abrupt or my questions have obvious answers, I have a mental health condition which affects my ability to see things as others might.
  • Hi

    I live in Australia and am owed $US 2500 by a resident in England.

    He has admitted in emails that he owes me this money but has not done so.

    I know the village that he lives in but not the address.

    Questions:

    Can I as a non Uk resident use the Small Claims Court in UK?

    Do I need his address?

    if so, how can I find this?

    Cheers

    Rosemary
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