Small Claims Court guide

terryw

rural_idyll wrote: »

It looks likely I am going to be take to the small claims court by someone who issued me with an invoice for work originally done as a favour some four months previously (because his wife moved on from our employment) its vindictive and I wouldnt have agreed to all the work done if we had been given a price in the normal way - if the court decides against me will it also affect my credit rating ?

Not if you pay the judgement within a month

Shellshine_2

I need some advice please - just really to let me know if so far I have done everything right before I end up beginning the small claims process.

Basic facts: My dog was on a lead, walking past a fence - the dog the other side of the fence thrust its head through a large hole in the fence and attacked my dog resulting in the amputation of half his ear. No-one intervened as they were afraid of the attacking dog. The attacking dogs owners were home at the time and the male owner saw the initial damage to my dog. He said they would meet the costs of treatment.

I reported the attack to the police - they were not interested but reluctantly gave me an incident number.
I rang the council to speak to the dog warden - not interested.
I rang the RSPCA - not interested

After the surgery had been carried out I hand delivered a letter to the owners of the attacking dog advising them of the costs and enclosed photos of the injuries (taken by the vets whilst my dog was under anaesthetic). I was incredibly calm and said that I genuinely hoped perhaps they had insurance and appreciated that I had been very reasonable.

Total Vets costs ended up being £600 approx.

They wrote back to say they had put it in the hands of their insurers & I would hear from them direct - I did not hear anything more until I made contact with their insurers who did NOT have my contact information at all.

Their insurers said that they were NOT responsible for their dogs actions because the owner claimed they had recently been on holiday and were not aware there were any holes in their fence and their breed is not a dangerous dog breed. It beggars belief. I sent their insurers images of the hole in the fence and the witness statements and all the correspondence. They remained resolute.

I then contacted MY pet insurers who have now paid all but the excess on my policy, to the vets - this leaves the sum of slightly over £200 due to the vets. The excess is because my dog is over 14 years old - I have always had pet insurance on him and am so glad they paid as much as they have, although they too are going to pursue the owners to recoup their losses. My insurers have the benefit of legal teams to enable them to do so.

The advice I got from the police is that they ARE responsible for their dogs actions but it is a civil matter and that I would have to file small claims action to recover the costs that way.

I have read the advice and also the CAB advice sheet and everyone says to do everything possible to sort thing out before taking legal action.

To this end, I have again written to the owners, letting them know the state of play now and asking them to pay, direct to the vets, the outstanding amount. I have advised them in my letter that I will have no choice but to take legal action if they choose not to pay and that I really don't want to have to do that. I have given them 5 days to respond in writing to me with their intentions.

Despite being deeply distressed by the suffering of my pet - I have at all times been very reasonable, and calm, and not caused any scenes or been rude in any way and I believe that it is unjust that I should have to meet any of the costs that their dogs actions have created. My dog has been permanently damaged and is in no way to blame for what happened.

I have signed witness statements for the incident - it happened opposite a school at picking up time and there were several who saw what happened and some who also witnessed the owner stating he would meet the costs. I only know one of these witnesses and that is my friend who walks my dog every day for me as I am disabled.

I have photographs of the injuries, the hole in the fence, and the veterinary practice are happy to provide factual medical reports and have been wonderful all along. I have kept a record of dates and times of calls and all correspondence.

Have I done all that I can to resolve this without legal action?

If they refuse to pay is there anything else I can do before heading down the legal route?

I don't have the £200+ to pay the remaining bill and feel that it is more than reasonable for them to pay this.

Is there anything more I can do?

I was thinking of going to the local press if they still refuse to pay to highlight that there really is very little you can do if a dog owner refuses to take responsibility for the actions of their pet... but I don't want to do that if it will affect a claim against them.

Sorry this is so long but I am not getting any real advice from anyone, no-one seems to want to know because it was dog on dog attack... it outrages me but I need to do things properly and feel now that I have finally hit the wall... any advice or help would be gratefully received.

Thanks in anticipation.

Neurotic_Cat

I'm new to this forum so I apologise if I'm not posting in the correct area. Can anyone please advise me if there is any way of finding out if someone has been taken to small claims court/court before. I'm suing an ex land lady and have a feeling I'm not her first tenant to whom she hasn't returned her bond? Tia x

gregmh48

This guide has been very useful. I am about to file a claim against my landlord for failing to register my flat's security deposit (after noticing in multiple online reviews that they refuse to return deposits at the end of tenancy).

My issue is that my tenancy ends in less than a month and I will be leaving the UK to return home to the US. Do you recommend filing Form N1 now to get the ball rolling, then trying to deal with updating my address to a US one with the court later...or do you think it is just as well to wait until I am back in the US and file from there? I am not even sure if the court would be willing to post documents back to a US address. Any advice?

wealdroam

gregmh48 wrote: »

This guide has been very useful. I am about to file a claim against my landlord for failing to register my flat's security deposit (after noticing in multiple online reviews that they refuse to return deposits at the end of tenancy).

My issue is that my tenancy ends in less than a month and I will be leaving the UK to return home to the US. Do you recommend filing Form N1 now to get the ball rolling, then trying to deal with updating my address to a US one with the court later...or do you think it is just as well to wait until I am back in the US and file from there? I am not even sure if the court would be willing to post documents back to a US address. Any advice?

I am pretty sure you cannot file a claim against your landlord until they have actually failed to return your deposit.

The fact that he hasn't registered your deposit is of course wrong, but I don't think you can sue him for that though.

lincroft1710

Shellshine wrote: »

it is a civil matter and that I would have to file small claims action to recover the costs that way.

To this end, I have again written to the owners, letting them know the state of play now and asking them to pay, direct to the vets, the outstanding amount. I have advised them in my letter that I will have no choice but to take legal action if they choose not to pay and that I really don't want to have to do that. I have given them 5 days to respond in writing to me with their intentions.

Have I done all that I can to resolve this without legal action?

I was thinking of going to the local press if they still refuse to pay to highlight that there really is very little you can do if a dog owner refuses to take responsibility for the actions of their pet... but I don't want to do that if it will affect a claim against them.

Giving them 14 days to respond might have been better, but I still doubt you would get a favourable response. Local press will probably distort the story as dog bites dog isn't particularly newsworthy.

Time for Letter Before Action.

terryw

gregmh48 wrote: »

This guide has been very useful. I am about to file a claim against my landlord for failing to register my flat's security deposit (after noticing in multiple online reviews that they refuse to return deposits at the end of tenancy).

My issue is that my tenancy ends in less than a month and I will be leaving the UK to return home to the US. Do you recommend filing Form N1 now to get the ball rolling, then trying to deal with updating my address to a US one with the court later...or do you think it is just as well to wait until I am back in the US and file from there? I am not even sure if the court would be willing to post documents back to a US address. Any advice?

I am fairly sure that the claimant must have an address within England or Wales for the service of documents . If you are determined to go ahead then perhaps use the address of a friend or relative or a solicitor.

Be warned though. This is not a straightforward money claim on line. It is highly
likely that there will be a hearing. Think of your travel costs from the US and the
possibility of losing and the court and solicitors costs involved. The hearing is
likely to be at the court for the defendants address

If it was me I would be sending letters with a certificate of posting requesting
details of the scheme involved etc so that this does not like an ambush at court
claiming UP TO the prescribed amount in damages.

Perhaps mention that you are aware of the ruling to assist you in negotiating the
return of your deposit

Needless to say I am not a lawyer and this is merely a general opinion for which I
hold no responsibility. Consult a paid professional for advice


Best of luck anyway.

Everton1951

I lost a small claim last week. There were three heads of claim. The judge dismissed all 3. However, the defendant admitted one head of claim. Is this a ground for appeal.

jicms

We need to make a claim against a tradesman for the worst possible example of building works, absolutely all the workmanship is appalling, plumbing and electrics not connected and live wiring exposed, all done by the unqualified "builder". We're having to rip the place apart and employ a reputable builder to start from scratch. We'll be taking him to court but I'd like clarification about the difference between the Small Claims Court (for claims up to £10k) and Money Claim online (for up to £100k). We're not convinced we'll get anything back as he's an individual and not registered with any organisations but have to try for our own peace of mind and to prevent him doing the same to anyone else.

gordies

I live in England, but want to sue someone who lives in Scotland in the Small Claims Court.

Do I submit the paperwork to the English County Court using a standard N1 form, or do I have to submit via the Sheriff's Court?

thanks!