Small Claims Court guide

yellowpollycat

Hi, I moved into a new build house on 18 October. Prior to the completion I pointed out the boundary fence was in the wrong place. Harron Homes agreed that it was in the wrong place and said they would remedy it. On 12 November, the fencing contractors refused to move the fence as it required digging out on the other side. Since then I've been promised numerous times that it will be done (we currently have a "double fence" at one end). On 14 January I was assured verbally that it would be completed by the end of January and booked the landscapers for 21 February. Needless to say, the work hasn't been completed. I now have additional costs of landscaping work, trees and shrubs which are no longer useable and a garden that is half finished. I have lots of photos, copies of emails and texts regarding this plus the evidence of the landscaper who spoke to the site manager and contracts manager almost daily. The site manager always says yes tomorrow but it doesn't get done. Emails to customer services have been ignored. I'm currently at a loss of around £1500 due to unfinished work and unusable turf, shrubs and trees. Am I able to take this to the small claims court? Only I have nothing in writing regarding a fixed date for the work, only verbal. thanks

KeithP

You are unlikely to be successful with a claim for "additional costs of landscaping work, trees and shrubs which are no longer usable".

You were premature in purchasing those goods and services without a written confirmed completion date for the fence work.

Tank40

After over a month of asking for payment for services rendered on with no reply, I issued a claim through MCOL on 02/01/2019, cost £25.
There was no response to this so judgement was issued in my favour.
There was still no response from the defendant in the allotted period of time, so I had a warrant issued, cost £75 on 12/02/2019 which was acknowledged by Edmonton County Court (local to the defendant).

A cheque arrived from Willesden County Court on 15/04/2019 for £80:60 (which is an odd amount and not the amount owed).

Any idea what this amount might be represent? Does it mean the defendant/debtor has been contacted by the bailiffs? On the MCOL details of the case it states "warrant removed 18/04/2019".

Les

da_rule

LesCM19 wrote: »

After over a month of asking for payment for services rendered on with no reply, I issued a claim through MCOL on 02/01/2019, cost £25.
There was no response to this so judgement was issued in my favour.
There was still no response from the defendant in the allotted period of time, so I had a warrant issued, cost £75 on 12/02/2019 which was acknowledged by Edmonton County Court (local to the defendant).

A cheque arrived from Willesden County Court on 15/04/2019 for £80:60 (which is an odd amount and not the amount owed).

Any idea what this amount might be represent? Does it mean the defendant/debtor has been contacted by the bailiffs? On the MCOL details of the case it states "warrant removed 18/04/2019".

Les

What was the debt amount?

Tank40

£60.
Wondering what the £80 might be for as there was no explanation. Will try to negotiate their switchboard on the next working day.

da_rule

That seems a weird amount.

When you were requesting the warrant, did you remember to include the court fee and the warrant fee in with the amount outstanding?

Tank40

Yep, all the costs, 25 for original submission & 75 for the warrant. i'll be honest with you, I couldn't understand a word the chap on the helpline for MCOL said when I asked if the warrant was the next step.

minnie123

Hi,

Can anyone help me with an N1 form - I have filled it in for my Mum - I couldn't do MCOL as my Mum gets ESA so it said I had to do the paper form.

Do I just send one copy off to the County Court Claims Centre?

It says about copying form - do I also need to send one to the defendant.

What about the help with costs - Am i right in sending the form off completed with no payment?

minnie123

Ok I have applied for help with fees and put the reference number on the top of the N1 form.

So now I am ready to post it to the County Court Money Claims Centre - I just need to know if I also need to post a copy to the defendant?

I have made a few copies in case.

MrsMollylou89

Last week whilst my husband was at work a guy walked up to him and asked him his first name then said you are served (flipped open his wallet and showed him a star badge), put an envelope in his hand and walked off. My husband, his colleagues and customers were a bit shocked to say the least, he thought it was a wind up. He opened the envelope with his and my name and home address on (the envelope looked like it had been through a hedge), inside was a court paper saying that we had been taken to small claims court and the person had won as we had not attended. No other details. My husband rang the local court office to see if this was genuine, he was told it was, he asked if they had sent someone to 'serve' this paper they hadn't, they said they had sent out one letter before the hearing and one after, we received neither of them because the address was wrong, the only advice they could give was to read some leaflets. What can we do as the court hearing was over eight weeks ago and we certainly contest it. The police are involved as the person who 'served' him the letter was bogus and a friend of the claimant they have classed it as harassment (employer was not happy that this person turned up at my husbands work in full view of customers and are willing to give police a copy of the cctv showing what happened). My husband used to be a sole trader (hasn't been for over a year), he used a business name to trade under, the court paper received is in both our names. He has evidence to dispute the claim, he would have loved to have gone to court but he didn't get the chance due to them giving the wrong address even though they knew the correct one, they even came to our home address on one occasion. Like I asked we just don't know where to go from here. Advice would be appreciated. Thank you.