Small Claims Court guide

Castle

freccle wrote: »

My claim is being defended so I've been notified of proposed allocation to the Small Claims Track. I have to complete the form by 16 April and return it to the court office and "serve copies on all other parties". Does that mean I do extra copies for the court to serve on the defendant or do I have to actually send a photo copy of the form to the defendant.
Also at the moment, I 've just provided a precis of what and why I'm claiming. Should I send actual copies of my evidence to the court or the defendant or is this done at the hearing?

1) You send a copy to the defendant; (and get a certificate of posting).

2) The court will write and tell you when to send the evidence, normally this will be around 14 days before the hearing; when you will also have to submit your witness statement.
(You will also have to send a copy of your evidence/witness statement to the defendant at the same time).

freccle

Castle wrote: »

1) You send a copy to the defendant; (and get a certificate of posting).

Thank you. Can I do this by email? And do I send it to the actual defendant or to the trainee solicitor (!) who's dealing with it on their behalf? Because he has only corresponded with me by email and hasn't included a postal address

steampowered

If the Defendant is legally represented, you should serve papers on their legal representative.

The court rules require documents to be served by post or fax. Email can be used only if the Defendant has agreed in advance to accept service by email.

The appropriate course of action would be to email the trainee solicitor enquiring whether they are authorised to accept service of documents, and if so whether they are prepared to accept service by email, and if not what postal address should be used.

mrsvanderkamp_2

Hi there, I would be grateful for a little advice.

On behalf of the company that my husband works for, which is a small business, i have issued a County Court Claim for goods and service (Manufacture and labour) that been provided but not paid for with seemingly no good reason.

The defendent has entered a defence stating that the company is XXX LTD whereas we have addressed it XXX (omitting reference to LTD). The trading address is the same. My question is whether this is a valid defence? I have looked at the claim online and it says that there is now a bar in place to prevent any further action, although the claim was raised on 15 May and no acknowledgement or defence was received until 6 June , which is beyond 14 days anyway i think? He offers no other defence and does not appear to be legally represented (neither are we).

I'd be very grateful for any advice as to next steps. Its a relatively large sum of around £8,000 outstanding and as a small business its really not a loss that can be sustained.

Many thanks

Tarot_Barnes

Hi. I would sincerely appreciate some advice.
I purchased a car from a dealership and it didn't take me long to realise something was wrong. Based on this, I asked the dealer to accept a return and they didn't; now it's gone to small claims and the judge has ordered us to agree on a mechanic to inspect the car for the court. We haven't been able to agree on one and I believe my next step is to ask the court to decide for us, but I'm not sure how to go about this?

The reason we haven't been able to agree is because, according to the dealer's solicitor, no garage can be accepted as an expert witness because they won't be compliant with Civil Procedure Rule 35. None of theirs were acceptable to me because the car is a hybrid and their suggested mechanics aren't familiar with the battery, which is where the major problem lies.

Thank you in advance.

Computersaysno

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.


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.


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.


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.


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.


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.


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.


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.


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.


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.

patch111

Earlier this year I successfully obtained a CCJ against a Builder for substandard workmanship.
I had employed him to complete me a 2 storey extension. He does not belong to any professional body such as FMB so is unaccountable for his work. He also does not advertise on sites such as checkatrade ?? In these cases I would walk away. Beware of this. Beware also how they can change company name, and charge VAT but not pay it !!!!
My Builder works solely in Farnborough, Hampshire, and I thought because he was busy must be trustworthy.
It was obvious that there were issues with some of his work. The Builder blamed everyone but himself, I called in other professionals for second opinions, who laughed at some of his work, yet despite this he arrogantly dismissed me.
After many months of going nowhere I was left with no option but to take him to Court. This should not be feared if you do your homework. I called in a professional who documented all his poor work. Eventually I was successful in court obtaining a CCJ against him. I still had to use bailiffs to recover the compensation that I was awarded. He only paid up when they said they would take his vehicle.

There is a very simple lesson here. To anyone who wants a builder CHECK THE ONLINE CCJ REGISTER. IF THEY ARE ON IT, WALK AWAY. For a few pounds it may save months of heartache and many thousands of pounds !!!!!

the_gardener_2

Computersaysno wrote: »

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.


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.


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.


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.


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.


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.


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.


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.


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.


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.

are those links still valid ??

waamo

the_gardener wrote: »

are those links still valid ??

Looks like it's been moved to here https://www.moneysavingexpert.com/reclaim/small-claims-court/

Cheshirefox

I had a major house extension done within the last 3 years but both bathrooms had floor tiles that lifted and subsequently water damaged the floors. The builder refused to accept liability. An independant report is clear the job was not done correctly. The builderr now says his company has ceased trading (bubt is still active on companies house). He has set up a new company.
I had to have all the work repaired and he will not pay and now has told me no point suing him as not trading.
Can i sue his other company or is there a way to get my money back. Its around 15k.:money::money::money: