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Small Claims Court guide

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  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Esmae123 wrote: »
    Hi There,

    Im looking for some advice. I made a small money claim a while back regarding my ex owing me money for a property we had together. Hr brought me out for 15,000. 12,000 was given to me when i moved out and addition 3k was meant to be transferred when he sold the property, after i moved out he refused to sale.. He won the original claim as we did not state a date then property needed to be sold by. 2 years later I find out The property has now sold without my knowledge and I've tried to contact him regarding this matter and he has refused to adhere to the original agreement.

    Can i re-open the original case, as the judge said as soon as he sales the property its a legal requirement he has to pay me the 3k?

    Can anyone provide any guidance it would be much appreciated.

    Did you get any actual paperwork that said this?
  • metron
    metron Posts: 69 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    Any experience of using the online County Court system for a claim against a major tour operator for not meeting the terms of the contract?

    Essentially a change to a holiday which isn't covered by the usual get-out clauses hidden away in the T&C.

    Pretty low costs (£35 or so) - but any real risk of the tour operator's costs (obviously no costs of solicitors) being awarded against me if I lose?
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    metron wrote: »
    Any experience of using the online County Court system for a claim against a major tour operator for not meeting the terms of the contract?

    Essentially a change to a holiday which isn't covered by the usual get-out clauses hidden away in the T&C.

    Pretty low costs (£35 or so) - but any real risk of the tour operator's costs (obviously no costs of solicitors) being awarded against me if I lose?

    £35 isn't really worth filing a claim for. You run the risk of the claim being rejected due to its low value.
  • Doc_N
    Doc_N Posts: 8,554 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    waamo wrote: »
    £35 isn't really worth filing a claim for. You run the risk of the claim being rejected due to its low value.

    I'm guessing he or she's talking about the £35 costs for a claim up to £500 - not the size of the claim!
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Doc_N wrote: »
    I'm guessing he or she's talking about the £35 costs for a claim up to £500 - not the size of the claim!

    Ahh yes you are probably right but it isn't completely clear. To answer the question though costs in a small claim are strictly limited. Even if you did lose they wouldn't be eye watering.
  • Hi Everyone
    I am looking for advice Re: my dispute with Hotels.co.uk. 6 weeks ago I booked Hotel for 3 nights through hotels.co.uk website. Day before I was due to check in Hotel cancelled my booking. I phoned Hotels.co.uk , they told me that there was no availability on there website for the same hotel and they advised me to rebook either directly with the same hotel or through any comparison website. They promised me that they will refund the difference . They also put this promise in the email to me.
    After my stay I phoned them and emailed the invoice as they advised for the refund , initially they said they were processing it, but after few weeks waiting they refused to pay any money .
    I have looked at the option of going to small claims court, but I don't think I can use this option as they have no physical base in UK and their company registered address is in USA.


    Any advise will be really appreciated.
  • I made a claim against JDSports and they have finally agreed that they will pay me back my £70 for my undelivered trainers. They have also offered a £30 gift voucher. But they have not mentioned paying my £25 claim fee. Do they have to pay me my claim fee? Id rather have my fee than a gift voucher
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    I made a claim against JDSports and they have finally agreed that they will pay me back my £70 for my undelivered trainers. They have also offered a £30 gift voucher. But they have not mentioned paying my £25 claim fee. Do they have to pay me my claim fee? Id rather have my fee than a gift voucher

    No. It's up to you to negotiate an out of court settlement. Did you ask for your fee to be included? If not is it too late to ask? You can try requesting a refund from court but there is a good chance that you won't get it.
  • Tans19
    Tans19 Posts: 1 Newbie
    Bit of a long one....

    My partner hired a car from Europcar last July for an anniversary trip to Paris/Brugge. He hired an 18 plate Vauxhall Grandland which had under 5,000 miles on the clock. Everything was fine until 4 days in when we were leaving Paris. The car randomly caught on fire in the middle of the champs-elysees. I immediately jumped out, my partner began removing all our belongings/clothing which were strung over the floor. Long story short, workman on a near by building managed to put the fire out. There was extensive damage to the vehicle and both me and my parter were extremely stressed. We had a painstaking task getting through to Europcar on scene and were practically stranded. We made our way to the Paris branch of Europcar where we were given a smaller vehicle to get us to Brugge we then had to leave this at Calais and get a ferry back to the UK with all our luggage.

    The last month or so, my partner has been receiving debt collector letters from the Paris branch for the vehicle that was given to us in Paris even though the issue wasn’t resolved at that point.

    After 7 months of terrible customer service, they’ve literally come back via email (no ones phoned) saying the tests were inconclusive (???) as to how the fire started but are refunding the hire money and throwing £250 in for goodwill.

    I am such a push over with things like this but the offer of £250 seems outrageous, it’s been hanging over our heads for 7 months with terrible customer service and debt collector letters. It was the most horrific experience I have been through, I thought the car was going to blow up with my partner getting our passports and money out.

    We re unsure as to whether this would be suitable to take to a small claims court, disputing the amount of compensation...
    Or the fact they’ve offered £250 means we can’t take them to court?

    Can anyone advise us please
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Whilst it probably isn't what you want to hear you may well be better off accepting and moving on with your life.

    Litigation is time consuming and stressful. You might get a bit more or you might get nothing. That's also a risk with litigation.

    If you really want to you can try and haggle them upward which will probably be easier than litigation.
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