Small Claims Court guide

robnye

sorry - my bad.......

but thanks for answering anyway :T

gamakly

Hi,

I and another person are making a county court claim against someone but in separate cases. Would we be allowed to act as witnesses for each other? Our cases are not connected.

Thanks.

terryw

gamakly wrote: »

Hi,

I and another person are making a county court claim against someone but in separate cases. Would we be allowed to act as witnesses for each other? Our cases are not connected.

Thanks.

Yes...........

tasharthur

Just wanting a bit more advice. My neighbours wall collapsed on my car 2 days ago. At the moment we are assuming it was because of the wind during the night. Basically a neighbour called me to tell me a wall has collapsed, but thought it was just near my car, not quite on it. This was a 7.44 am. I went out immediately and discovered my car had been hit quite badly by the wall.
I knocked on their door but no one answered. Turns out they were away. I carried on to take pictures of the incident and also called my car insurance people.


Ive never had to make a claim before so weren't sure what to do. I went back out to the car to try and get the attention of their neighbour, in the hope they may have the owners number. Luckily he had his sons. He did come out as soon as he could. He said don't worry about going through insurance ill sort it. My husband told me not to go down that route, which I thought was a bit wrong of him to ask anyway. I don't really know them, and if they made a hash job of it id be In an even worse position. Plus I wasn't sure if it was just bodywork damaged or whether any mechanical items had been damaged at this point. So I said no ive called insurance anyway (I believe you have to regardless of whether a claim is being made or not?) they started to clear the wall off my car and I moved it to the front of my property whilst waiting to hear back from my insurance company. (my front access is a green area with no roads which is why is wasn't there anyway before anyone asks and I could be asked by police to move it)


Anyway next day the garage the insurance people instructed collected my car and left me a courtesy car. The guy whos wall it was, was moving a car from his garden out on the road and proceeded to clean up the mess. He didn't even acknowledge me or speak to me. I decided them to go down and talk to them about what they were going to do about my car. I now have a £350 excess bill to pay. All I got was im sorry theres nothing we can do. I don't feel this is fair. Their wall has damaged and subsequently now written off my car. All im asking is for the excess to be paid. #


The settlement offer probably wont be enough to replace the car, especially after they take their excess so im now looking at loosing my mode of transport which is important to me and my family is getting us about to do daily activities. Am I within my rights to ask them to pay this? I have been told that I could possibly claim for neglect, but ive also been told this could be difficult to prove.


I am in the process of putting it all in writing and formally asking them to pay this, then possibly a letter before action and then small claims but want to know whether my case is worthy or whether the court would say its just one of those things. Im just so angry ive now lost my car and aswell 2 years no claims bonus off a clean 7 year record so also premiums will go up - plus ive still got to pay my insurance as ive literally just gone into a new years policy! Help please x

Keep_pedalling

Could you edit that using paragraphs, I can't read that it makes my eyes hurt.

raff456

small claims online

someone pointed me in this direction when fighting to get wages owed me from an ex employer. small claims online.

p.s apologies for posting link.

tasharthur

Keep_pedalling wrote: »

Could you edit that using paragraphs, I can't read that it makes my eyes hurt.

Edited for you

LearnerMoneySaver

On 27 march, some guys who were working on behalf of building management company damaged windscreen of my car which is beyond repair.

1) They failed to leave any notes or details but i found it through neighbours.

2) I contacted maanging agents and provide them with pics and details.

3) They said that they are going to pass details of my claim to contractors who were cutting trees.

4) since then no contact has been made though i contacted them twice and they assured me of somene getting in touch as they are considering going through insurance company or sorting out by other means.

As i have TP&F insurance so i dont want to go to my own insurance company plus it will appear as a claim.

do you think its a good idea to use small claims court? is it worth?

I am thinking to get car fixed and reclaim cost of fixing it plus extra money spend on public transport+cabs etc. plus inconvenience. what can be a decent figure claiming for inconvenience as i have a young family, both kids under 5 and wife got medical conditions.

thanks for your replies in advance

unholyangel

You can't claim anything for inconvenience and whether you'll be able to claim cab costs will depend.

In law, you are only entitled to actual losses - which is why you can't claim for inconvenience. Furthermore, you have a statutory duty to mitigate your losses (for example by getting the windscreen repaired and then chasing them for the cost of it rather than hiring another car or allowing taxi costs to mount up). If you simply sit back, do nothing and let your losses accumulate, you're putting yourself at risk of being liable for those losses rather than the contractors.

Unsure how you can claim off your own insurance if you only have third party, fire and theft - repairs to your own vehicle are not covered by this policy type.

Shahni

I was owed a month and a half's pay by my previous employer (I was working on a self employed basis and sent invoices at the end of the every month). The total owed to me was around £2,600.

I sent a letter before action in June 2014 requesting payment within 14 days, no response.

I issued court proceedings in July 2014 via MoneyClaimOnline. After issue the proceedings were transferred to my local court. The Defendant filed an acknowledgement of service and a request for the case to be transferred to a court halfway between us which the court agreed to, so the case was transferred.

The Defendant filed a Defence and Counterclaim, to which I filed my own Defence. We received a Directions Order which included submitting all the evidence we wanted to rely on (including witness statements) in November. I served mine, he served his late. I made an application for summary judgement at that point but it wasn't granted because he managed to serve his evidence, albeit late.

Had the hearing last week, the Defendant didn't show up and neither did his witness. I received judgement fully in my favour plus costs (travel expenses, loss of earnings and court fees, around £400 in total). His counterclaim was completely dismissed :beer:

Still waiting for the payment at the moment, if its not received I'll be taking enforcement action. But its a massive weight off my shoulders having the hearing out of the way. The small claims process was long and slow but I'm glad justice was done in the end.