Small Claims Court guide

jacobluke121

Hello,

I have an issue with getting a deposit refunded. I placed a deposit for a surgical spot, which was refundable, if they received the cancellation within 5 working day of the consultation. I called them the day after and said upon reflection I do not wish to proceed and asked for a refund (this information has been marked on their system). I called up to check the progress and they said it's not been processed and they cannot process it now as it's out of the 5 day cooling off period (even though on the system it states i called to request this).

I don't know what to do now and £500 is a lot of money, should I take them to court? I have someone who witnessed me saying I don't wish to proceed on the phone, do I have enough 'evidence'?

Any guidance would be greatly appreciated.

Thanks
Jacob

jicms

jicms wrote: »

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.

Put in a moneyclaimonline which cost £410. We got to the judgement stage only to find out he'd absconded from his address. We were told the letters were sent out 2nd class so we never knew he didn't receive the judgement. Court told us we would have to start from scratch and pay again to forward the paperwork if we managed to trace him (which we have no way of doing as he's a tax evader and uses false names/bank account). Process was a complete waste of our money in the circumstances and we have lost a further £410. No-one was interested in trying to help us trace this character who is a criminal and will do the same to others.

Powercut

Help!?
The counter claim case my friend is involved in with an ex builder has had it preliminary hearing where the judge told both parties to clarify their cases but a specific date. Two months after that date the builder is still throwing mostly irrelevant personal paperwork at it. No one at the court seems to know if this is permitted. In which case, where does it end? If anyone can advise us we'd be eternally grateful.

fools_errand

Hi I am with legal and general insurance.
A car ran into my garden wall and I had to put an insurance claim in to recover the insurance even though I was not involved.
I had to pay £150 excess and £100 voluntary.
I have all the details of the guilty party and police crime number.
Would I be able to claim this money back in a small claim court.

wealdroam

fools_errand wrote: »

Hi I am with legal and general insurance.
A car ran into my garden wall and I had to put an insurance claim in to recover the insurance even though I was not involved.
I had to pay £150 excess and £100 voluntary.
I have all the details of the guilty party and police crime number.
Would I be able to claim this money back in a small claim court.

You need to claim from the guilty party.
I would've expected your insurance company to have done that.
Small claims court is a little bit down the line.

fools_errand

Hi thank you for your reply. My insurance would do nothing unless I
Put a claim in through my insurance.
I tried to contact the 3rd party insurance myself but it is a Bulgarian
Insurance company ( although they live here) they did not answer my
Emails.
I did not know what else to do except put the claim in myself through
My insurance hence the voluntary and excess.
Legal and general say this is there policy on claims like this.

wealdroam

fools_errand wrote: »

Hi thank you for your reply. My insurance would do nothing unless I
Put a claim in through my insurance.
I tried to contact the 3rd party insurance myself but it is a Bulgarian
Insurance company ( although they live here) they did not answer my
Emails.
I did not know what else to do except put the claim in myself through
My insurance hence the voluntary and excess.
Legal and general say this is there policy on claims like this.

Are you saying that you have not put a claim in to your insurance co?
If so, then who did you pay £250 to?


So are you now telling us it's a Bulgarian driver that caused the damage? Why didn't you mention that yesterday?


You need a UK address for the defendant before you can put a Small Claims Court claim in.


I fear you are stuck with fixing your own wall at your cost or with help from your insurance company.
Pass all the other persons details to your insurers and they should settle your claim and hopefully recover your excess from the other party. Do you have legal advice option with your insurance?


If your insurers do not recover your excess from the other party, then yes you can recover that money from the other driver via the small claims court if you have a UK address for them.

fools_errand

Yes I have put the claim into my insurance. I do not have legal cover.
I've never put a claim in insurance before and stupidly tried to keep it cheap.
The money they gave me is nowhere near enough to fix the wall but I have accepted it. I just wondered if I could claim my excess but I will
Phone my insurance again to see if they have recovered it for me.
I am just annoyed that I had to put a claim in when I obviously was not at fault, but that's what I get for trying to keep my cost down.
Thank you for your guidance.

shreader69

I am about to take Easyjet to Small Claims Court, but I am wondering if any one knows if I can make the claim on behalf of the 5 other friends in the same travel group?
Thanks!

CrashJPMorgan

What expenses can someone claim for? and examples

thanks