Small Claims Court guide

Crazy_Jamie

Hm71 wrote: »

Sorry newbie here,
I am in the small claims process and have been granted permission to resubmit the particulars of my case.
Now I'm not sure if that means I have to fill in a new n1 form or if their is a different form.
Any help would be appreciated.

It depends what the order actually says. Chances are you've been granted permission to file an Amended Claim Form and/or Particulars of Claim. If that is the case you can find what the CPR says about amendments here, though it is reasonably limited. Essentially you are resubmitting the same document(s) again, but with amendments. Whilst it is a good idea to show what amendments have been made, unless the court has ordered you to do it in a particular way it is up to you whether you show the amendments or not.

Cathy_Duffus

I am in the process of making a small claim online (£70) and I know that I have to pay a £25 fee up front but the online page says if I settle out of court I will not be refunded my £25 claim fee. Maybe it is just the way the form is worded but I thought the defendant had to pay my claim fee if I won.

Crazy_Jamie

Cathy_Duffus wrote: »

I am in the process of making a small claim online (£70) and I know that I have to pay a £25 fee up front but the online page says if I settle out of court I will not be refunded my £25 claim fee. Maybe it is just the way the form is worded but I thought the defendant had to pay my claim fee if I won.

Generally speaking, yes. But the point is that that fee comes from the other side, not from the Court. Hence the Court saying that it won't refund the fee even if the case settles.

waamo

If you settle out of court it is up to you to negotiate what constitutes full and final settlement.

diggingahole

I took my sons Mazda into a main dealers for re-call work and a VHC (vehicle health check) and also to rectify problem with passengers door glass.
I wanted the vehicle fully checked over as it was nearly out of the 3 years warranty.
The VHC form states Glass and Mirrors checked, with big green tick.
VHC also states all internal and external components will be checked for defects.
The problem with door glass was a badly routed wiring loom for the doors mirror.
My son who's in the army returned to UK 3 days later, 1 day after warranty expired.
He asked if mirrors were now fixed? It transpired the mirrors had never worked since I purchase from Mazda main dealer a year earlier.
The mirrors would have been fixed under warranty but due being missed while Dealer carried out repairs to door and VHC I am now told Mazda UK will not carry out repairs.
What name and address should I put on the small claims form, the company name and UK head office, the company name and Crawley address where work was carried out, the name of Dealer Principle and Crawley garage address?

diggingahole

Crazy_Jamie wrote: »

Generally speaking, yes. But the point is that that fee comes from the other side, not from the Court. Hence the Court saying that it won't refund the fee even if the case settles.

You should have warned the defendant in writing that if the matter was not settled prior to taking legal action through the small claims court system any costs would be added to the amount you are suing for, so to settle once you had started proceedings means £70 plus any costs already incurred, regardless as to whether it needs to actually go to court or not.

Benaud

Hi

I need to understand where (if it goes that far) the court location will be. Is it based on the claimant or defendant's location? If I make a claim against a Scottish company I wouldn't want to go to Scotland for the hearing etc.

Any help would be great.

Thanks

DoaM

Claims by a consumer against a company (or vice-versa) would normally be held in the consumer's choice of court location. However there's a difference here - you can't raise a claim (online via MCOL) against a Scottish entity; you'd need to raise a paper claim to seek an "out of jurisdiction" service.

deftonepea

Hi everyone.

I have started a claim from the Money Claims web site (Not the MCOL Site).

The Defendant didn't reply to the claim form so I proceeded to issue a judgement on 1st November 2018.

I recieved the Judgement For Claimant (In Default) form (N30) on the 15th November 2018 but I have heard nothing since.

And on the web site it just says that I requested a CCJ and not that it has been issued.

I'm guessing to continue with the case I now need to progress to enforcement.

Now does the Warrant Of Control (N323) need to be issued straight after the N30 or do I need to go down a different route first?

Also do I do this at my local court?

Thanks in advance

DoaM

deftonepea wrote: »

I have started a claim from the Money Claims web site (Not the MCOL Site).

Was it this site you used?

https://www.moneyclaim.gov.uk/web/mcol/welcome

If yes, that is MCOL.