Small Claims Court guide

Computersaysno

Never sue a man of straw.

This means make sure they have assets [ideally a house] that you can seize to enforce the debt.

If they have no assets, you're going to struggle to enforce judgement.

iirc if it's over £500[??] you can pay £60?? and get it up to High Court enforcement...and those boys have a bit more clout than your usual bailiff.

issytm

I recently won my case against a garage in Plymouth who sold me a faulty car. I prepared 14 pages of evidence which I presented via MCOL.The garage owner was ill prepared and just made comments that he could not substasiate.He said that trading standards were in agreement with his side of the story, but when asked for evidence by the judge, he couldnt produce anything.He aslo said he was going bankrupt, but again no evidence. He was rude to the judge and got quite aggressive. But I knew that everything I said was the truth and when questioned, if you are not lying its easy to answer however the question is asked. Just stay calm. Its hard to sit in the same waiting area, but have the courage of your convictions...I did it on my own, with help from my brother....just present the facts with evidence.... I havent got my money and think I might have trouble getting it.....but im not giving up......always make checks through company check or director check to see assets

mo786uk

needs detail on enforcement - it implies that if you win you probably will get some money.

rafianna

Hello,
I have taken a case to the Small Claims Court against the company that managed the property I formerly lived in, who owed me over £2000 when I moved out. Judgment has been entered against them by default, as they did not respond at all. In fact, they have been telling me for over a year that they are aware they owe me the money etc, and that it will be sent within a week. It took me far too long to realise they were lying.
What do I do now - it is a company with an office in North London. Do I send bailiffs to the office - how much can they take from an office? What is considered essential for work in such a business - can the bailiffs remove the four computers that are there - that will cover at least part of the debt.
A friend who is a solicitor tells me that there are more than ten outstanding CCJs against this company.
What else is there to do? The only bank account details I have are presumably a client account.
Please advise - thank you.

galaxy123

I complained to insurance company after a burst pipe in a rental property. The tenant had moved out and left it in a state so I was doing it up to rent/sell. The policy said no cover was available if the property isn't occupied tenanted or actively used. It stated what it meant by most terms, but occupied, tenanted and actively used weren't defined so I thought I was ok given I was going every day, had workmen there every day etc. The refused to pay. I complained to the ombudsman and the adjudicator agreed with me and told them to pay. The insurance company put forward a big case as to why I wasn't covered - essentially the above. It went to an ombudsman who ruled with the insurance company - despite the rules saying if its unclear the ombudsman has to side with the consumer.
Can I take it to court?
I have evidence (which I showed to the ombudsman but it made no difference) that the same underwriter had defined the terms "occupied" "tenanted" and "actively used" in other policies valid at the same point in time, but in mine they didn't define them, and we disagree on what they mean. They also say that if any one of the 3 applies then there's no cover (whereas I took it to mean if any one applies then there IS cover).
What does everyone think? Is it worth it? It's about £5k

Computersaysno

galaxy.....imo on the limited facts presented I'd be of the view that 'it's worth a punt'....but then I am easily convinced!!!

krebbin

So I got stitched up by a used car sales company leaving me £1500 out of pocket for repairs that should have been covered by warranty.
After a year of B-S from them I submit a claim and get a judgement.

As he still won't pay I spend £100 on bailiffs to do the job.

I now think they have ripped me off more than he did.
I get a one page letter with pre-written type saying in effect, they went round there but it was a private address with no saleable goods.
End of story. For a hundred quid THAT's what you get:eek:??????

I can bung them another £100 to try again or forget it!

This company is still trading/ripping off customers and I now want to start throwing bricks:mad::mad::mad::mad::mad::mad::mad:

fearthebassplayer

Really need some advice over Small Claims. Today my car was damaged by a user of a local Tip. I had finished disposing my items and was driving off, and he was throwing chipboard into a skip. He threw it over the skip and it hit my car and left it with a nasty dent.

At the time he said he would pay for damage or go through insurance. He can't because he wasn't driving his car, and he say now that I will have to take him to Small Claims Court to get anything from him, but he is on the Dole so can't afford to pay the £258 repair bill (which was the cheapest I got - others were over £1000!)
He is quite happy to go to court, and to turn up and try and wriggle out of it as he thinks the disclaimer signs at the tip over damage relate to him!

If Small Claims rules in my favour, will it affect anything for this guy, like Credit rating or anything like that if he doesn't pay? I am thinking at this point the only way I can get any recourse is Small Claims, as at the moment he is sticking 2 fingers up at me! He reckons he will pay weekly because of his lack of money, but I doubt he will pay at all.

What advice does anyone have?

terryw

Your choice really. Expend money on court fees etc and then, assuming you obtain judgement, more money or enforcement. And having to inform your insurance company about this which might, just might, affect your NCB. And little chance of obtaing your expenditure.

And the guy appears to be well-educated on the system.

If the amount is substianial clain off your insurance company. That is what insurance is for. But risk loss of NCB.

Your choice really.

fearthebassplayer

TBH I expect he won't pay up, but I don't want to let him get away with it, and if he is judged against then it should affect his credit score, which will in effect mean he hasn't got away with things.

How much is a Small Court Claim now? For the £258 I'm looking to get back?