Small Claims Court guide

babyblade41

DoaM wrote: »

They can still apply for a set-aside ... them having defended the original claim though means they've got a very high bar to get over for the set-aside to be successful. Having not properly defended is not a valid reason for a set-aside.

What reasoning are they giving for the set-aside?

They are stating it was sent to the wrong address and didn't receive the docs.

Everything was sent to the registered address on Companies house and they are still using that address and have offered no alternative

waamo

babyblade41 wrote: »

They are stating it was sent to the wrong address and didn't receive the docs.

Everything was sent to the registered address on Companies house and they are still using that address and have offered no alternative

Rather than make a long round trip I would write to the court setting out your reasons objecting to a set aside. I don't see much advantage to turning up as this is a matter that can be dealt with on paper.

If they do get a set aside it just means the original hearing is re-run and if you have a strong case shouldn't be of too much concern.

babyblade41

waamo wrote: »

Rather than make a long round trip I would write to the court setting out your reasons objecting to a set aside. I don't see much advantage to turning up as this is a matter that can be dealt with on paper.

If they do get a set aside it just means the original hearing is re-run and if you have a strong case shouldn't be of too much concern.

That is extremely helpful;, many thanks for this much appreciated

DoaM

babyblade41 wrote: »

They are stating it was sent to the wrong address and didn't receive the docs.

But if they sent in a defence to the original claim (it being a poor defence is irrelevant) then they've confirmed that the court claim papers were "served". And if you've used the registered address on Companies House then you've served correctly.

waamo

It does sound as though they are trying it on. Judges are usually sharp and spot this kind of thing.

babyblade41

Very kind for the replies. This first went to court last summer so going on for a while now . It was straight forward case pretty much and they have done everything to delay.

I don't expect to get a penny but I won't throw in the towel as it won't help the next poor person who employs them

Tinker47

Hi. This is my first post on here, even though I’ve been receiving the MSE email for years. I hope I’m doing this right! I appear to be responding to a post and not writing a new one, but I can’t find the link for a new post anywhere!!
My friend is self employed as a handyman. He did some work for a lady last year and quoted her £1600, which she accepted. She then refused to pay but only told him when the work had been completed, so he took his case to the Small Claims court. Due to a technical error, the court sent the paperwork to the lady, one week later than they should have done. She asked for an extension to respond to this, so they gave her another 14 days. In that time, she has sadly passed away, so the case was never determined in the court.
He’s not sure what options he has and ANY guidance would be massively appreciated.
Thank you.

Bermonia

Tinker47 wrote: »

Hi. This is my first post on here, even though I’ve been receiving the MSE email for years. I hope I’m doing this right! I appear to be responding to a post and not writing a new one, but I can’t find the link for a new post anywhere!!
My friend is self employed as a handyman. He did some work for a lady last year and quoted her £1600, which she accepted. She then refused to pay but only told him when the work had been completed, so he took his case to the Small Claims court. Due to a technical error, the court sent the paperwork to the lady, one week later than they should have done. She asked for an extension to respond to this, so they gave her another 14 days. In that time, she has sadly passed away, so the case was never determined in the court.
He’s not sure what options he has and ANY guidance would be massively appreciated.
Thank you.

He can chose to chalk this one up as a life lesson... aside from that not a lot else I’m afraid. I suppose if there was a formal contract he could attempt to claim from the estate - there of course moral and practical issues of doing this, does he even know if the estate would have sufficient funds after meetings it’s other obligations? Does he know who the executors of the estate would be? I would suggest this is throwing good money after bad sadly.

da_rule

Tinker47 wrote: »

Hi. This is my first post on here, even though I’ve been receiving the MSE email for years. I hope I’m doing this right! I appear to be responding to a post and not writing a new one, but I can’t find the link for a new post anywhere!!
My friend is self employed as a handyman. He did some work for a lady last year and quoted her £1600, which she accepted. She then refused to pay but only told him when the work had been completed, so he took his case to the Small Claims court. Due to a technical error, the court sent the paperwork to the lady, one week later than they should have done. She asked for an extension to respond to this, so they gave her another 14 days. In that time, she has sadly passed away, so the case was never determined in the court.
He’s not sure what options he has and ANY guidance would be massively appreciated.
Thank you.

Under the civil procedure rules you would need to apply to court to appoint a representative of the estate to continue the claim. There is a £255 cost for this so you’d need to decide whether it is worth it.

yuricher

In 2017 I was lured by deception into a new boiler installation The installer represented himself as a qualified gas engineer but wasn't and wasn't registered in Gas Safety.
The installer sold and installed (with some defect) second hand boiler (instead of new) for almost £3000 in my house.
The boiler bangs as a hammer and the noise spreads all around the house when it start and stop heating process. The level of the noise is more than 4 times higher British Standards allowances in my bedroom.
The installer was immediately informed about that problem but he refused to replace the boiler or refund me. He advised me to complain to the boiler manufacturer as I have 5 years warranty.
The boiler manufacturer couldn't reduce the noise as it is their specific technical design of the boiler.
Citizen Advice Bureau advised me to contact The Trading Standards.
The Trading Standards advised me to get an independent expert (gas engineer) report about the noise. After the report was provided The Trading Standards officer advised me to pursue to Small Claims as an offence of Consumer Rights Act 2015.
In the court had several meetings with several different judges.
1st Judge ordered another independent expert report with a prime question "how to resolve the boiler's noise issue". The report recommended "a new quieter boiler be fitted".
Last Judge started the hearings:
1. Without an interpreter I had been requesting a number of times.
2. Didn't read in advance (he said it in the beginning of the hearing) the full package of documentation been provided during previous 5 month of preparations and the Court instructions.
3. Didn't want to listen about the installer illegal frouding working activity. I provided a full report from Gas Safe Registers which informs that installer is not educated and non-registered business/engineer. And his installation was illegal and contains mistakes.
4. Didn't want to listen my prepared audio record of the specific boiler's banging.
5. Couldn't find the copy of independent gas engineer report (which was arranged by the Court direction) proves that the boiler's noise is audible in my bedroom is on the level 45-55 dB (more then 4 times as the British Standards recommend) and few another documents supporting my case.
6. Didn't want to consider the fact that boiler was not "brand new" as was sold to installer in October 2017 (appeared and installed in my house in the beginning of December 2017).
All this things were fully supported by the concret evidences by it wasn't a matter for the Judge.
He just wanted to know was the boiler broken or not. And was the installation correct regarding the noise the boiler produced through my house. That's it!!
The decision was "the installer didn't break a contract"! THE PERSON WHO IS NOT ELIGIBLE TO MAKE ANY CONTRACTS DIDN'T BREAK A CONTRACT!
In that situation I do not have any consumer rights! That means I have to find another 3000 pounds to rid of that boiler.
Citizen Advice Bureau suggest me to find a solicitor to go forward. To be honest my claim was for £3000 pounds only. I've already spent almost £500 for court fees and expertises. As I can see on GOV.UK the appellation process will cost more then one and half thousand pounds ( £528+£1,199). Plus solicitor's fees (at least £150 per hour). Plus another year of nervous Courts visits. Plus another unexpected hearing in final. It becomes absolutely unreasonable at all!!!
I'd contacted to the mentioned above Trading Standards officer again-no response.
It looks like the Government and Government Institutions don't want to defend our Consumers Rights. And the created legal situation prevent us to defend out Rights too. I do not understand why I have to pay twice to get just a decent proper boiler in my house?
What I have to do now? What is my fault? Are the Consumers Rights just a declaration or it is a law? Who can help me to get a justice?