Small Claims Court guide

gorchard

After many years of back and forth with Blueair (a Romanian based airline) trying to secure compensation for a 10hr delay, I escalated my enquiry to the CAA who wrote to tell me that they believed compensation was owed, but despite them asking Blueair to pay, they refused to do so. They advised that they have no power to enforce the payment and I should instead make a claim at the small claims court.

So I did this online (through the moneyclaim government website) around mid October, and Blueair did not respond to the claim from the court within 14 days. So yesterday I submitted a judgement request on this basis and today I can see the status of this judgement is "issued".

However, I am now unclear on what I need to do to try and enforce Blueair to pay. Can anyone offer some advice?

Many thanks

Computersaysno

Get the claim over £600, send it up to the high court and get the HCEOs to seize one of their planes if it's in the UK.


That should focus their attention...!!

jmsrchrdsn

Hi,

I am new to this thread so bare with me. I have been trying to get money from my ex of three years, however he has blocked me on all communication levels. I have threatened him with the small claims court and he has agreed to go! My worry is my evidence. Am I able to provide evidence if it went to hearing? I have already applied to the SCC but didn't realise I could attach 'particulars' of a claim. I am entirely new to all of this.
I have many texts evidencing that he agrees to owing me a certain amount of money. I also have a couple of bank transactions with the caption 'repayment'. Would this sort of evidence be ok to use, if needed?

Jamie

wealdroam

jmsrchrdsn wrote: »

Hi,

I am new to this thread so bare with me. I have been trying to get money from my ex of three years, however he has blocked me on all communication levels. I have threatened him with the small claims court and he has agreed to go! My worry is my evidence. Am I able to provide evidence if it went to hearing? I have already applied to the SCC but didn't realise I could attach 'particulars' of a claim. I am entirely new to all of this.
I have many texts evidencing that he agrees to owing me a certain amount of money. I also have a couple of bank transactions with the caption 'repayment'. Would this sort of evidence be ok to use, if needed?

Jamie

Have you read The Small Claims Court guide linked to from the first post in this thread?

The Particulars of Claim can be sent to the defendant separately, but must be done within 14 days of submitting the claim.

Any evidence can be used to substantiate your claim. You need enough evidence to convince the judge that your claim is valid.

Elena26

short story short. I've bought a car on 31st October this year....on 8th it broke...send the seller SMS...they called the car back...apparently we didn;t know how to drive ..but either way i was asking for money back and to return the car.
At Halfords diagnostics...i found out it was the clutch..(definitely not something related to how the car was drove for the past 8 days). Called the Citizens Advice consumer service, and followed everything by the book...but what if my "royal mail signed for" wasn't delivered and is held to the post office to be collected by the seller (who knows when and if that will be collected:mad:)...if i am waiting more days..i will pass the 30 day return guarantee...
What should i do? Can i start a small claim case in this condition?

wealdroam

Elena26 wrote: »

short story short. I've bought a car on 31st October this year....on 8th it broke...send the seller SMS...they called the car back...apparently we didn;t know how to drive ..but either way i was asking for money back and to return the car.
At Halfords diagnostics...i found out it was the clutch..(definitely not something related to how the car was drove for the past 8 days). Called the Citizens Advice consumer service, and followed everything by the book...but what if my "royal mail signed for" wasn't delivered and is held to the post office to be collected by the seller (who knows when and if that will be collected:mad:)...if i am waiting more days..i will pass the 30 day return guarantee...
What should i do? Can i start a small claim case in this condition?

Hi, welcome to the forums.

You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.

Just a small suggestion: don't send your letter by 'Royal Mail Signed For®'.
That way it will be assumed to be delivered a couple of days later. Get a free certificate of posting at the Post Office.

Smallclaimscourtworry

We had a nightmare landlord from our time in University who was aggressive, rude and kept the house in serious disrepair. I only wish at the time I knew we’d had more rights and that we could have done something about the way he treated us.

However, I did learn recently that if a landlord doesn’t protect your deposit that you can successfully claim it back so I wrote to him and asked for evidence that he protected the deposit. He could prove that the deposit was protected but he did not send prescribed information about the deposit and on contacting the deposit protection company they told me that he never informed them when we vacated the property.

I asked him about this and why he didn’t send the proscribed information but after months of non-communication I sent a letter before action and then finally after getting no reply issued small claims court proceedings.

I thought it’d be straightforward as it’s clear that if you don’t serve your tenants prescribed information you might have to pay up to three times the amount.

HOWEVER:

He’s put in an acknowledgment of service saying he’ll defend the whole case to the court but what could he defence possibly be?

It did get me worrying though. Is there a possibility I’ll lose? And then there’s a few other concerns I have:

We all signed individual contracts but there was a lead tenant and I wonder if she was the one who should have made the small claims court case and not me. Also, if this does go to court I am starting to have my doubts that one or two of my fellow tenants will attend. I am asking for the total of all five our combined deposits but what happens if they stop participating?

Thanks for reading this huge post!

wealdroam

Smallclaimscourtworry wrote: »

We had a nightmare landlord from our time in University who was aggressive, rude and kept the house in serious disrepair. I only wish at the time I knew we’d had more rights and that we could have done something about the way he treated us.

However, I did learn recently that if a landlord doesn’t protect your deposit that you can successfully claim it back so I wrote to him and asked for evidence that he protected the deposit. He could prove that the deposit was protected but he did not send prescribed information about the deposit and on contacting the deposit protection company they told me that he never informed them when we vacated the property.

I asked him about this and why he didn’t send the proscribed information but after months of non-communication I sent a letter before action and then finally after getting no reply issued small claims court proceedings.

I thought it’d be straightforward as it’s clear that if you don’t serve your tenants prescribed information you might have to pay up to three times the amount.

HOWEVER:

He’s put in an acknowledgment of service saying he’ll defend the whole case to the court but what could he defence possibly be?

It did get me worrying though. Is there a possibility I’ll lose? And then there’s a few other concerns I have:

We all signed individual contracts but there was a lead tenant and I wonder if she was the one who should have made the small claims court case and not me. Also, if this does go to court I am starting to have my doubts that one or two of my fellow tenants will attend. I am asking for the total of all five our combined deposits but what happens if they stop participating?

Thanks for reading this huge post!

Please read the post immediately above yours. Particularly this bit:

wealdroam wrote: »

You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.

Computersaysno

Lol...........another person who refuses to read before posting....


I love it.

marktowler

I am currently taking my ex to court. I have heard from the solicitor that they will defend the action.

What will happen at the first hearing, do I have to bring my evidence, etc?

This is first time that I am having defended case, usually in the past that out of court settlement was done.

Could anyone explain what first hearing is going to happen.

PLEASE NOTE: This is for Scottish Court. It is being heard at Sheriff Court.

Thanks