Small Claims Court guide

wealdroam

rambojones wrote: »

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.

The answer to your question is - by the court.

But do take note of the word may in there.

Anthony_Duignan

Anybody have a duty of care claim and how did it go? I have one against a well-known airline and this is my last hope to reclaim money for what was neglect and non-compliance with their own and EU Regs.

unholyangel

A duty of care claim would be a claim founded on tort.

If they didn't comply with actual regulations then you possibly have a claim founded on contract as most regulations form part of the contract by default and tort claims are really for situations where a duty of care exists but a contract doesnt. It would be preferable to a claim based on tort as tort will require you to prove:

1) That a duty of care was owed
2) That they were in breach of that duty
3) That their breach caused the damage/loss
4) That the loss/damage was not too remote.

Perhaps start a new thread with details of the issue and members will be able to give their opinions on it?

wealdroam

Anthony_Duignan wrote: »

Anybody have a duty of care claim and how did it go? I have one against a well-known airline and this is my last hope to reclaim money for what was neglect and non-compliance with their own and EU Regs.

As Unholy angel has suggested, you might like to start a new thread about the underlying issue.

Maybe that new thread could/should be on The Flight Delay Compensation Board where there are several experts on claiming from airlines - whatever the reason.

eits1000

does anyone know what could happen if we lose a trike out application made against our case? We have made a claim against a multinational organisation and they have used a large legal firm to fight us. Instead of answering to the claim against them they have made an application to get our case struck out on technicalities.

The hearing is next week, if we lose this, can we be made to pay larger fees than usually allocated in small claims court?

Thanks for any replies.

prodigy9

Hi, I started a small claims case late Friday evening. Can I cancel it?

Bit of background. I was planning to claim against an ebay buyer but now I wonder if I should be claiming against ebay themselves.

Anybody have any experience of either question?

Thx

wealdroam

prodigy9 wrote: »

Hi, I started a small claims case late Friday evening. Can I cancel it?

You might like to read this:
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part38

prodigy9 wrote: »

Bit of background. I was planning to claim against an ebay buyer but now I wonder if I should be claiming against ebay themselves.

Without any idea of what the problem is, it is not easy to answer that.
I would say though, if a buyer is causing a problem it is difficult to see how ebay can be blamed.

More information required, preferably in a new thread.

prodigy9

wealdroam wrote: »

More information required, preferably in a new thread.

A buyer won an item but tried to cancel the next day having already paid. Reason was that they had measured incorrectly.

I didn't want to cancel because I needed to get rid of the item (laminate flooring) quickly as I was moving house. The buyer agreed to collect, didn't collect and started a dispute for a refund for non-delivery. It was collection only.

I argued that she was not entitled to a refund as she never collected the item and had no grounds for rejecting it. In fact it was clear she tried to get out of the transaction from the start.

Ebay judged for the buyer without giving me the chance to appeal and refunded her.

(Hope this helps.)

hollydays

The buyer paid by paypal for a collection only item?

wealdroam

prodigy9 wrote: »

A buyer won an item but tried to cancel the next day having already paid. Reason was that they had measured incorrectly.

I didn't want to cancel because I needed to get rid of the item (laminate flooring) quickly as I was moving house. The buyer agreed to collect, didn't collect and started a dispute for a refund for non-delivery. It was collection only.

I argued that she was not entitled to a refund as she never collected the item and had no grounds for rejecting it. In fact it was clear she tried to get out of the transaction from the start.

Ebay judged for the buyer without giving me the chance to appeal and refunded her.

(Hope this helps.)

I do believe you were unwise to start a small claims court action.
You have suffered no loss.

Not sure a scc action against ebay would work either, for the same reason - you have suffered no loss.

Try the ebay board.