Small Claims Court guide

lincroft1710

Emmgrem wrote: »

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 what you write is the truth and provable, he would be unlikely to succeed in any defamation of character case brought against you.

Emmgrem

wealdroam wrote: »

How did you pay this deposit?

Via BACS for which we received an email as confirmation of receipt

Ilan

we needed some specialist work done on our house to rectify some issues. our architect found someone to do the work and i (as the home owner) discussed further details with this small company. the "specialist" agreed what work was to be done but would only accept instruction by our architect, who emailed him back to agree terms. I then paid money directly to the contractor to secure a slot. His work was dreadful and the architect is supporting my claim. But who should be taking him to the small claims court?! I paid. But architect instructed / agreed terms.

naedanger

Ilan wrote: »

we needed some specialist work done on our house to rectify some issues. our architect found someone to do the work and i (as the home owner) discussed further details with this small company. the "specialist" agreed what work was to be done but would only accept instruction by our architect, who emailed him back to agree terms. I then paid money directly to the contractor to secure a slot. His work was dreadful and the architect is supporting my claim. But who should be taking him to the small claims court?! I paid. But architect instructed / agreed terms.

What does your architect say? I would have thought this would be a common situation, or at least one he would be clear of the legal position.

My thought would be that the architect should have made clear he was acting as your agent, and that you would then be able to sue the specialist yourself.

Ilan

he implied it was my responsibility. i'd rather it was his, as would save me the time and bother.

naedanger

Ilan wrote: »

he implied it was my responsibility. i'd rather it was his, as would save me the time and bother.

I suspect he is right. If he was responsible I would expect he would bill you for his time, and employ a solicitor and bill you for their time as well.

You could employ a solicitor to save you time and bother but if it is a small claim you will not be able to recover your legal costs from the other side even if you win.

shugfta

Hi,
I really need some help and advice. I left my husband and his family due to being mentally abused. I have a 1 tear old daughter. I hardly took anything when I left.my xhudband has refused to give me any of my belongings back and my daughters. I only have 1 small suitcase of my stuff and my daughters. I am so stressed out . He has also applied for full custardy of my daughter. Cascades are doing a section 7. I don't know what to do about my items. I have nothing should I apply to the courts?

SummerFun

shugfta wrote: »

Hi,
I really need some help and advice. I left my husband and his family due to being mentally abused. I have a 1 tear old daughter. I hardly took anything when I left.my xhudband has refused to give me any of my belongings back and my daughters. I only have 1 small suitcase of my stuff and my daughters. I am so stressed out . He has also applied for full custardy of my daughter. Cascades are doing a section 7. I don't know what to do about my items. I have nothing should I apply to the courts?

Welcome back to MSE after 7 years, shugfta .:wave:

I'm not sure I can offer you any help, but I just wanted to sympathise with your terrible predicament currently.

Whilst you obviously still have access to the internet, and well done on remembering your password to MSE, let me assure you that you can always find a friendly welcome here at MSE.

As I said, I'm sorry I can't offer you any real assistence in your plight, but I do feel your pain.

rambojones

...but I only find one mentioned on here (England) 'Particulars of Claim'.

Then I see this and it's confusing me:

"How much time do I have?

Don’t worry if you have a lot of info and are running out of time, you can send the particulars of claim to the defendant separately (but no later than 14 days after the claim form)."

So I complete the 'Particulars of Claim' form which is sent to the defendant (so what is sent to court??) but no later than 14 days after the 'claim form' (is this the 'Particulars of Claim' form?).

I went to small claims court 24 years ago; won the case but never received a penny despite paying for Bailiffs to be sent in. The system was really simple then and cheap. Now it's uber complicated and expensive.

rambojones

Quote below gleefully states: "But don't worry, if you settle out of court before the hearing, you may be able to get some of your court fees refunded."

My question is; by whom? Does the Court repay me or is it the defendant? If it's the defendant I may never see a penny.

unholyangel wrote: »

Possibly covered by this part of the guide?