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Small Claims Court guide

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  • Buzby
    Buzby Posts: 8,275 Forumite
    No - they are clinging to the remnant of 'Crown Immunity' however I do not believe that Airsure falls within that remit. I took RM (when it was called 'Consgnia' to the SCC) and ultimately lost BUT my issue was with theft in which did have immunity.
  • Naresh
    Naresh Posts: 31 Forumite
    terryw wrote: »
    No, but it is possible that this will be their defence to your claim.

    I am sure they will use that against me. Is there something I can cite to counter their defence.
  • Naresh
    Naresh Posts: 31 Forumite
    Buzby wrote: »
    No - they are clinging to the remnant of 'Crown Immunity' however I do not believe that Airsure falls within that remit. I took RM (when it was called 'Consgnia' to the SCC) and ultimately lost BUT my issue was with theft in which did have immunity.

    Airsure seems to be different to International Signed for as POSTRS covers IS but not Airsure.
    When I called them they said Airsure was not in their remit ?

    Is there a way to counter them clinging to the remnant of 'Crown Immunity' ?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 17 May 2013 at 4:38PM
    Naresh wrote: »
    Are RMG / Post Office Counters exempt from Small claims court by "Exclusion of liability" ?

    You have asked this question elsewhere.

    Having the same topic on two threads is going to lead to confusion, and the risk of people answering questions that have already been answered.

    This thread is here to discuss MSE's Small Claims Court Guide.

    Sounds like you want to read that.
  • Naresh
    Naresh Posts: 31 Forumite
    wealdroam wrote: »
    You have asked this question elsewhere.

    Having the same topic on two threads is going to lead to confusion, and the risk of people answering questions that have already been answered.

    This thread is here to discuss MSE's Small Claims Court Guide.

    Sounds like you want to read that.

    Due to 'Crown Immunity', the post office needs special treatment with regards to small claims court, which is not covered by the guide.
    I am hoping someone with more experience in taking the RMG to SCC will be able to help, where they have destroyed my package and not given me any route to take redress as POSTRS service does not cover Airsure.
    If you have any experience in this matter, I would be grateful for any technical guidance that can help when facing the RMG Barrister in court.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 17 May 2013 at 6:19PM
    Naresh wrote: »
    Due to 'Crown Immunity', the post office needs special treatment with regards to small claims court, which is not covered by the guide.
    I am hoping someone with more experience in taking the RMG to SCC will be able to help, where they have destroyed my package and not given me any route to take redress as POSTRS service does not cover Airsure.
    If you have any experience in this matter, I would be grateful for any technical guidance that can help when facing the RMG Barrister in court.
    Do you really think you'll be facing a barrister in the small claims court?

    You see, I have now wasted my time making a point that has already been made on your other thread.
  • Naresh
    Naresh Posts: 31 Forumite
    edited 19 May 2013 at 11:51AM
    wealdroam wrote: »
    Do you really think you'll be facing a barrister in the small claims court?

    You see, I have now wasted my time making a point that has already been made on your other thread.

    I am facing a daunting challenge.
    I am looking for information / legalese that I can use to make my case.
  • arvin
    arvin Posts: 5 Forumite
    Hi
    Morning
    can anybody suggest for making a small court claim on tenant who has not paid last month rent ,damage the property badly and left the property in dirty condition before he left and also declare himself bankrupt.
    is it worth making a claim on him?
  • I didn't think you attended - hence why I asked 3 times.

    I've never known a set aside to be lost when the applicant attends and presents a decent argument. Did you write to the Court with your arguments?

    I couldn't attend I sent my doctors letter. Initially we wrote to the court in Northampton who ignored us then after 3 letters set up the hearing in Doncaster Our evidence has not been looked at
    The judge coerced the claimant to refuse and My husband was a witness to this. I am suffering terrible side effects of the drugs and am also being treated for depression. The tenant said twice YES he agreed to it being set aside and the judge carried on until he said no
    I have put in a complaint about his merciless attitude to our situation surely he cannot over ride a doctor All this for £1000 is ridiculous the tenant should have put his case in July 12 when we evicted him, he failed to do this within 90 days and rental guarentees awarded the deposit to us for the damage
    I have deal;t with appeals for HMRC and serious illness is grounds to accept an appeal
    Friends who work in the legal profession are astounded at such harsh treatment I don't seem to have any human rights at all
    One thing is we live in Goldthorpe where the anti Thatcher demonstration took place but it was nothing to do with us or 80% of the people who live here
    sorry for rambling but were soo down with all tats been going on
    Tigger:jbillbarbara09@sky.com:grouphug:
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    arvin wrote: »
    Hi
    Morning
    can anybody suggest for making a small court claim on tenant who has not paid last month rent ,damage the property badly and left the property in dirty condition before he left and also declare himself bankrupt.
    is it worth making a claim on him?

    You need to ask this on The House Buying, Renting & Selling Board.
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