Small Claims Court guide

STALLUK

Thanks nawdanger for the link,I can't belive the way they (VW) have treated me and many others in the same situation,i belive I have a legitimate claim,my R32 is imaculate apart from these areas of rust VW should go all out to help in these matters,I feel I have been let down by VWUK but I will see this through to the end whatever the outcome....thanks again,Mick.

omissimo1

Hi All,

I would love some advice on this situation.

Long story short, my neighbour and I previously shared council tax and utilities in our apartments. The apartments had previously been one and the landlord didn't make them into two fully self contained units. We shared the bills for a year. After we both moved out the council re-banded the property and back dated the council tax bill for two separate apartments. My neighbours name was on the council tax bill and she received a refund of the original council tax (inc my share) which was confirmed by the council. I have asked multiple times for her to return this to me but she has refused. I'd like to know if this is a reasonable case for the small claims court?

Advice would be greatly appreciated, thanks in advance.

kc110

I subscribed to an on-line service early in 2013 and subsequently cancelled after some months.
I had not realised the cancellation had not been processed. This resulted in payments being taken for nearly two years before I realised. (Not good, I know).
I then cancelled again at the end of 2015. This process again failed, but I had cancelled my direct debit.
The company then contacted me and then cancelled my membership, as they were not getting any money.
Since then I have been trying to reclaim my subscriptions, but their responses have mainly amounted to stating that they never received my cancellation. They have been deliberately vague in their answers and when escalated via "Resolver", a manager has failed to reply and when asked again, failed to keep a promise of a same day response.
I believe I will have to go to the Small Claims court and would like opinions as to whether ignored emails could be deemed as proof of ignoring my original cancellation requests?

wealdroam

kc110 wrote: »

I subscribed to an on-line service early in 2013 and subsequently cancelled after some months.
I had not realised the cancellation had not been processed. This resulted in payments being taken for nearly two years before I realised. (Not good, I know).
I then cancelled again at the end of 2015. This process again failed, but I had cancelled my direct debit.
The company then contacted me and then cancelled my membership, as they were not getting any money.
Since then I have been trying to reclaim my subscriptions, but their responses have mainly amounted to stating that they never received my cancellation. They have been deliberately vague in their answers and when escalated via "Resolver", a manager has failed to reply and when asked again, failed to keep a promise of a same day response.
I believe I will have to go to the Small Claims court and would like opinions as to whether ignored emails could be deemed as proof of ignoring my original cancellation requests?

Can you prove that you cancelled in 2013?

If not, I fear you stand little chance of success in court.

I am sure you realise now, but it would've been prudent to seek confirmation of you cancellation at the time.

What company are we talking about?

kc110

Thanks for your reply.
I cannot prove that I cancelled. The on-line process gave no indication that the process had failed, in 2013 nor 2015.
In my emails to them they continually say that they have no record of my "email" cancellations. But despite repeated requests, they will not acknowledge whether or not the on-line process constitutes an email, or if there is indeed a difference.
My frustration is further compounded by their deliberately evasive or incompetent replies.
The problem was escalated via "Resolver" to a manager. If I can show that he has not responded until a chasing email three weeks later. Then a promise of a same day response has not been forthcoming for a week so far. That failure could be deemed as losing the communication. Therefore the original cancellations could have been lost?
It is a prominent company for losing stones and pounds.

BDharma

Copy of claim History:
You submitted a claim on 03/03/2016 at 20:04:27
Your claim was issued on 04/03/2016
You submitted a judgment against AAA on 24/03/2016 at 14:20:47
AAA notified the court of a change of address on 24/03/2016
AAA filed an acknowledgment of service on 24/03/2016
Your judgment against AAA was rejected on 29/03/2016 at 19:35:21
A bar was put in place for AAA on 06/04/2016
Your claim was transferred to CITY A on 06/04/2016

AAA is a well reputed company

Please can someone advise on this:

1) I requested judgement after 14 days of not receiving any reply from AAA but it was rejected as AAA filled an acknowledgement. This was after the time lapse but the court has still accepted this. WHY?
2) Now 28 days has passed and when I log in I can't see that AAA has filed a defense but still a BAR has been placed for AAA. Claim status is now Transferred. What does a Bar has been placed mean? How can I request judgement now?

Please help.

unholyangel

BDharma wrote: »

Copy of claim History:
You submitted a claim on 03/03/2016 at 20:04:27
Your claim was issued on 04/03/2016
You submitted a judgment against AAA on 24/03/2016 at 14:20:47
AAA notified the court of a change of address on 24/03/2016
AAA filed an acknowledgment of service on 24/03/2016
Your judgment against AAA was rejected on 29/03/2016 at 19:35:21
A bar was put in place for AAA on 06/04/2016
Your claim was transferred to CITY A on 06/04/2016

AAA is a well reputed company

Please can someone advise on this:

1) I requested judgement after 14 days of not receiving any reply from AAA but it was rejected as AAA filled an acknowledgement. This was after the time lapse but the court has still accepted this. WHY?
2) Now 28 days has passed and when I log in I can't see that AAA has filed a defense but still a BAR has been placed for AAA. Claim status is now Transferred. What does a Bar has been placed mean? How can I request judgement now?

Please help.

1) Default judgements can be set aside in various situations. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13
2) Is City A your local court or theirs? A bar is just to basically stop you requesting judgement while the claims being processed.

clon

An old employer wrote to me telling me of historical payroll errors made over several years. It has resulted in me paying £963 too much NI over 3 years. They instructed me to claim a rebate from HMRC which I did. 3 months on, the HMRC have said that they are too busy to process the claim and it will be "months as oppose to weeks" before they do.

I have written to my old employer claiming that as they were negligent they should reimburse me and claim back from HMRC themselves. After all, they have lots of spare cash whereas I do not!

Is this something that I can take to the small claims court if they won't play ball? I'm wondering if its feasible because the HMRC actually HAVE the cash not my old employer but otherwise I could be months more waiting.

i have also calculated that based on 1% interest rates they owe me a further £40 in lost interest but I haven't pursued that as yet.

Emmgrem

To cut a long story short our wedding caterer took our £600 deposit and then went AWOL, selling the business without informing us and lying by saying he was renovating the office when in fact we found out via his LinkedIn profile that he’d already sold the company.
We confronted him to ask for our deposit back (after contacting other brides I found lots of negative reviews and stories of people being ripped off) and we had lost confidence in him. The service we had paid for was for him to cook for us, and by selling to another chef he was unable to fulfil that contract.
He then argued that he shouldn’t have to give our deposit back because he will still be there to ‘oversee’ things on our day. When we contacted the guy he sold the business to however, we were informed that he didn’t even know about our booking as the deposit hadn’t been passed over, but that he would never let him ‘oversee’ any of his weddings because the business was now sold (and he also didn’t trust the guy).

Anyway we cant get evidence from the caterer who he sold the business to as he’s unwilling to get involved by writing us the formal letter we’d need for the court case. So all we have are a few emails (and the basis of a phone call where he told us all this) but nothing formally in writing.

Also the court stated that the caterer needed to send the court and us his papers by 4pm on Friday. We didn’t receive anything even though we submitted our parts. We rang the court and low and behold he’d waited to see what we wrote in ours, and then sent his to the court 4 days late (and didn’t follow the procedure of sending it to us).
We’re worried he’s made up all sorts of lies and doesn’t want us to be prepared for them. A lie he already told the court was that we only cancelled our booking with him to go with a cheaper supplier (and he said our venue had told him this info). We have a statement from our venue to say they’ve never spoken to him and also we can prove that our new caterer is actually more expensive than him!
I’m just worried that by not submitting his statement to us he’s trying to hide something so that we’re unprepared.
Anyone have any views as to whether it sounds like we’d win this case from what I’ve said?
Also would he be penalised in any way or looked on unfavourably for not meeting the court terms, sending his copy in late and not sending it to us at all?

He’s since set up a string of other identical businesses as well as a wedding venue (a marquee in a field) which he’s taking peoples deposits for right now. Everyone I’ve encountered has been ripped off by him and yet I reported it to Trading Standards and the fraud line and I don’t think there’s much they’ll do about it with the cuts to funding right now.
It’s not even about getting our money back in a way, I just don’t want him to get away with ripping any more brides off at the most important time in their lives!
I want to write negative reviews all over his FB groups to make people aware to be cautious but at the same time I don’t want him to try to sue me for defamation of character or something like that..
If anyone has any words of wisdom about any of the above it would be a big help! Feel a bit powerless.

wealdroam

Emmgrem wrote: »

To cut a long story short our wedding caterer took our £600 deposit and then went AWOL, selling the business without informing us and lying by saying he was renovating the office when in fact we found out via his LinkedIn profile that he’d already sold the company.
We confronted him to ask for our deposit back (after contacting other brides I found lots of negative reviews and stories of people being ripped off) and we had lost confidence in him. The service we had paid for was for him to cook for us, and by selling to another chef he was unable to fulfil that contract.
He then argued that he shouldn’t have to give our deposit back because he will still be there to ‘oversee’ things on our day. When we contacted the guy he sold the business to however, we were informed that he didn’t even know about our booking as the deposit hadn’t been passed over, but that he would never let him ‘oversee’ any of his weddings because the business was now sold (and he also didn’t trust the guy).

Anyway we cant get evidence from the caterer who he sold the business to as he’s unwilling to get involved by writing us the formal letter we’d need for the court case. So all we have are a few emails (and the basis of a phone call where he told us all this) but nothing formally in writing.

Also the court stated that the caterer needed to send the court and us his papers by 4pm on Friday. We didn’t receive anything even though we submitted our parts. We rang the court and low and behold he’d waited to see what we wrote in ours, and then sent his to the court 4 days late (and didn’t follow the procedure of sending it to us).
We’re worried he’s made up all sorts of lies and doesn’t want us to be prepared for them. A lie he already told the court was that we only cancelled our booking with him to go with a cheaper supplier (and he said our venue had told him this info). We have a statement from our venue to say they’ve never spoken to him and also we can prove that our new caterer is actually more expensive than him!
I’m just worried that by not submitting his statement to us he’s trying to hide something so that we’re unprepared.
Anyone have any views as to whether it sounds like we’d win this case from what I’ve said?
Also would he be penalised in any way or looked on unfavourably for not meeting the court terms, sending his copy in late and not sending it to us at all?

He’s since set up a string of other identical businesses as well as a wedding venue (a marquee in a field) which he’s taking peoples deposits for right now. Everyone I’ve encountered has been ripped off by him and yet I reported it to Trading Standards and the fraud line and I don’t think there’s much they’ll do about it with the cuts to funding right now.
It’s not even about getting our money back in a way, I just don’t want him to get away with ripping any more brides off at the most important time in their lives!
I want to write negative reviews all over his FB groups to make people aware to be cautious but at the same time I don’t want him to try to sue me for defamation of character or something like that..
If anyone has any words of wisdom about any of the above it would be a big help! Feel a bit powerless.

How did you pay this deposit?