Small Claims Court guide

general_piffle

Hi, my fiancee took her former employer to small claims court for unpaid wages and won. It was a small amount, we're talking about 2k however the employer had a solicitor with her and they have appealed. Despite us winning, the appeal has been granted by the court.

So, what now? Do we have to go to court again, do we have to prepare anything? We got a letter yesterday with all of the notes from the defendant's solicitor and the decision from the court to grant the appeal but what do we actually have to do?

Thanks.

stroosioo

Hi All,

Looking for a bit of your advice before filling the court papers.

I'm self-employed. HMRC investigated my tax returns for the years 2008-2009, they found lots of accounting mistakes done by my accountants - the letter from the investigator clearly states 'due to the mistakes made by your accountants'. Because of that I become liable to pay around 3k of unpaid tax for those years. Investigation finished last year and I had to pay that. Unfortunately my business went down and I did not have the money and had to sell my van (part of my business) to cover the tax.

Firstly contacted the accountants - they ignored my complaint.

Complained to the IFA - my accountants' governing body - asking for the accountants to cover the bill - they found the accountants liable for the mistakes, fined them, but decided they did not have to refund me anything.

I then sent the accountants the 'Letter before action' asking them to cover that - they refused to cover anything falsely claiming they paid the interest on the bill as a good will gesture - which is not true.

I do understand I am liable for my taxes but I also paid for their serviced to do it properly so I could pay all the necessary tax when it was due. They clearly failed to do it. They were not helpful at all during the investigation.

Because of the situation I was in I started working as an employee (so now I am self-employed and employed) to get back on tracks with money. It was a huge bill for me to pay (two kids as well - one very premature).

Do I have any grounds to take them to court on the basis they failed to provide the services I paid for? The investigation lasted almost two years, I spent numerous hours preparing the documents, writing letters to the investigator, and lost a part of my business, lots of stress during the investigation - and I am the only one who had to face the consequences of their negligence.

Many thanks for any advice.

Cheers

Willow_Creek

I recently used the small claims court for the first time and found that it works. It involved a case of negligence when a local jeweller caused permanent damage to my wife's watch. The jeweller refused to co-operate when she was made aware of what she did. I wrote to their head office to request compensation, but this letter was ignored. A second letter was also ignored, so my third letter advised we would take legal action if they did not respond. (A template for this letter is on the government website). When this letter was also ignored, I issued proceedings using the Money Online website. This involved paying a £25 fee. Less than a week later, I received a cheque from their head office for the full amount I requested, and the fee. I believe that this company only paid once they knew that I was serious about the claim. Proof that the small claims court does work.

bod1467

Willow_Creek wrote: »

Proof that the small claims court does work.

To be pedantic, you don't really know that because you didn't get as far as court. In your case the proven THREAT of court was sufficient.

Willow_Creek

Technically, you're correct, as there was always the risk that I may have lost if it had proceeded to court. However, I took this action as a matter of principle. My wife was very upset when her watch was damaged, as it had huge sentimental value. There was no suggestion that the damage was deliberate, but simply negligence by the local jeweller. The matter was made worse, firstly by the jeweller's bad attitude to both my wife and then me. Then secondly, when the director at the head office blatantly ignored three letters. His apparent disregard for this matter incensed me so much that I had no hesitation in taking this action, even though there was a risk I could lose the £25 fee. I have never previously posted anything on an Internet forum, and I'm unlikely to ever do so again. But I did it on this occasion to try to help other people who may be in a similar situtation.

Bassington

Does anyone here know anything about legal insurance (ATE)? Is it worth the bother? Especially now that the costs reform has gone through. Has anyone taken out an ATE policy before?

Crazy_Jamie

general_piffle wrote: »

Hi, my fiancee took her former employer to small claims court for unpaid wages and won. It was a small amount, we're talking about 2k however the employer had a solicitor with her and they have appealed. Despite us winning, the appeal has been granted by the court.

So, what now? Do we have to go to court again, do we have to prepare anything? We got a letter yesterday with all of the notes from the defendant's solicitor and the decision from the court to grant the appeal but what do we actually have to do?

Thanks.

By 'grant' the appeal do you actually mean that they have been given 'permission' to appeal? The two are different things, you need permission to appeal before the appeal hearing takes place. Assuming that the other side have been given permission, you will likely need to attend court again for the appeal to actually be heard. It is not a new hearing; the appeal is strictly limited to the aspect of the decision which the other side have taken issue with.

Equaliser123

Bassington wrote: »

Does anyone here know anything about legal insurance (ATE)? Is it worth the bother? Especially now that the costs reform has gone through. Has anyone taken out an ATE policy before?

Do you mean after the event insurance which protects you against costs being awarded against you or legal expenses insurance which is designed to cover your own costs?

Jewel184

At the end of last year, my 2 week old, North Face jacket was ripped on a church building's radiator. The school was using the church building for a concert. The church was very packed and chairs had been placed. I ended up having to sit next to a radiator which I didn't think would be a problem. On standing, I heard a rip; my coat. On inspection I saw that a bolt on the radiator had a sharp edge. Due to the nature of the material the jacket cannot be sewn; therefore I have lost a whole panel of the jacket.

I have written to the school and the church. Neither will take any responsibility for the 'sharp edge' that ripped my coat.

The coat cost £240 in the North Face store, but I got them down to £200.

I went back to the church to take a photograph of the bolt. I found that it had been covered by a piece of blu tac.

I have two questions:
Can I use the small claims court for this kind of thing? and
Is it worth my while?

I look forward to any responses. Thanking you ....

mum1969

Hi, I recently had to take someone to the small claims court for money that was owed to me. The judgement was in my favour and the person was told to repay me within 21 days. They have not paid. The judgement gives me the power to pursue them for the money they owe. There are several ways of doing this but I do not know which is most effective and whether or not I can try a different method if one doesn't work. Could anyone be of any assistance at all? Has anyone had to take steps to reclaim money after a judgement was given? Thanks so much.