Small Claims Court guide

nande2000

Just had my first payment from a builder who I had to take to court for some appalling work he did for me.
He tried every trick in the book to throw me off the scent for what initially wasn't a huge amount of money (but enough for me to care) for a refund.


So I got the work fixed and went to the small claims court, he contested, pulled the pre-existing 'structural fault' tactic in his defense so the judge ordered us to undertake a joint expert report. Then he refused to take part/fund it so the judge fined him and allowed me to instruct a surveyor on my own behalf and I won.... Resoundingly as he lost his temper at the final hearing and stormed out.


Then he refused to pay up, which at this point was a lot of money (after fines and an expert survey). So I got an enforcement order and I have just had the first payment installment back from the bailiffs.


My advice, don't give up, check with your household insurance if they can help with legal advice / cover as if your case gets complicated you will need it as it is easy for these unscrupulous characters to string out a judgment by frustrating court procedures.

munchkin88

I've just won my small claims case and submitted a warrant against them, but now the status says "A bar has been put in place for the defendant". Is this is my favour or theirs? I don't know what it means.

demi60

Last Bank holiday, I joined an agency who found me work in an NHS laboratory. I worked 52 hours however during my last shift before 6th April bank holiday I suffered a chemical injury to my right eye, I couldn't see properly so went off sick. However, the agency wasn't happy I couldn't restart my contract, however I wasn't happy with the laboratory's health & safety as I was never issued with safety glasses when I asked and the lab never reported my incident so I was relunctant to return there.

I have emailed the agency regarding my payment but I never have received any reply to my emails.

My umbrella company said they sorted it out but still no pay and this leaves me in financial difficulty ! I am owed £1092.00 as stated in the contract. I am thinking of starting legal proceedings, is there a template letter I can use on here ? And how soon can I start legal proceedings ? Should I claim for interest on the amount accrued in the month ? Thank you for reading this and taking time to reply.

wealdroam

demi60 wrote: »

Last Bank holiday, I joined an agency who found me work in an NHS laboratory. I worked 52 hours however during my last shift before 6th April bank holiday I suffered a chemical injury to my right eye, I couldn't see properly so went off sick. However, the agency wasn't happy I couldn't restart my contract, however I wasn't happy with the laboratory's health & safety as I was never issued with safety glasses when I asked and the lab never reported my incident so I was relunctant to return there.

I have emailed the agency regarding my payment but I never have received any reply to my emails.

My umbrella company said they sorted it out but still no pay and this leaves me in financial difficulty ! I am owed £1092.00 as stated in the contract. I am thinking of starting legal proceedings, is there a template letter I can use on here ? And how soon can I start legal proceedings ? Should I claim for interest on the amount accrued in the month ? Thank you for reading this and taking time to reply.

As mentioned in the first post on this thread, this thread is specifically here to discuss MSE's Small Claims Court guide.

When you have read that guide, you should consider sending a letter before action.

A sample letter before action can be found on this CAB webpage.

If you want to discuss this further, I would suggest you start a new thread.

lisa2014

a company called ccl.co.uk brought some servers from me in novemeber 2014 when the delivery took place he broke all of the terms and conditions of the delivery
1 he had the items delivered to a customer of his he had already sold them to
2 he sent our delivery drivers away when the terms were they stayed whilst the items were checked,upon them being sent away the person who accpeted the delivery took out 2 trays and kicked the rest saying this is what i wanted,
3 the other 50% payment was not made

it took him a further 9 hours to email us back regarding the payment,in his email he said we didnt proved the correct item but we did, we told him what the person did when the items were delivered, it took him a further 48 hours to send us pictures and when we looked at the pictures they were of different units,
he said he was going to advertise them for sale and that was the last we heard of it.

untill the 18th march 2015 where he had told his credit card company he didnt make the purchase and he wanted his money back.paypal let him take his money back even thou we have proved proof he has the items he is advertising the items on his website and quoting people for the items. me and my family have now lost nearly £1000 due to this and no one will help he still owes for the items £1450.00.we have lost a further £250 as paypal have taken it, Paypal have given up fighting this for us even thou they have all the evidenced proving he is in the wrong and now will not talk to me at all

what can i do ?

lisa2014

is there a way to fight a chargeback as the buyer has giving false information the transcation was done via paypal and they will not help

wealdroam

lisa2014 wrote: »

a company called ccl.co.uk brought some servers from me in novemeber 2014 when the delivery took place he broke all of the terms and conditions of the delivery
1 he had the items delivered to a customer of his he had already sold them to
2 he sent our delivery drivers away when the terms were they stayed whilst the items were checked,upon them being sent away the person who accpeted the delivery took out 2 trays and kicked the rest saying this is what i wanted,
3 the other 50% payment was not made

it took him a further 9 hours to email us back regarding the payment,in his email he said we didnt proved the correct item but we did, we told him what the person did when the items were delivered, it took him a further 48 hours to send us pictures and when we looked at the pictures they were of different units,
he said he was going to advertise them for sale and that was the last we heard of it.

untill the 18th march 2015 where he had told his credit card company he didnt make the purchase and he wanted his money back.paypal let him take his money back even thou we have proved proof he has the items he is advertising the items on his website and quoting people for the items. me and my family have now lost nearly £1000 due to this and no one will help he still owes for the items £1450.00.we have lost a further £250 as paypal have taken it, Paypal have given up fighting this for us even thou they have all the evidenced proving he is in the wrong and now will not talk to me at all

what can i do ?

Firstly, this is a business to business transaction, therefore consumer rights are not applicable.

Allowing a customer to pay via Paypal and delivering the goods to the customer is leaving yourself wide open to being scammed... as you have found.

If you want to use the Small Claims Court, then read the guide mentioned in the first post of this thread.

Ivinghoe

Cannot find how to do a New Post - in all of the help info - it does not mention this !


Anyone out there who can advise ?

wealdroam

Ivinghoe wrote: »

Cannot find how to do a New Post - in all of the help info - it does not mention this !


Anyone out there who can advise ?

Go back to the board index - click your browser's back button once - then click on the blue button... it's towards the top of the page, on the left.

Oh... and welcome to the forums.

454eva

Please would someone tell me what names I should put at the top of the form when I make a claim against a dead person's estate?

The dead person?
One executor?
Both executors?
All three?

Thanks :-)