Small Claims Court guide

GraceCourt

Whilst ordinarily I'm a great supporter of using Part 27 proceedings (to use the correct terminology for money claims in the County Court of up to £10,000) through moneyclaimonline.gov.uk to obtain relief in a consumer dispute, at present the process is almost at a standstill except for straightforward claims.

I issued a claim in February against American Express Services Europe Limited for £100 and the company failed to file a Defence in time - they completed an Acknowledgement of Claim that extended the 14 days allowed to 28, but rather surprisingly they made an N244 application to extend the time allowed, at the same time filing a late Defence that stands little chance of success.

That was in March 2022, and in the last eight months - despite a number of enquiries with Northampton County Court Business Centre, all of which were electronically acknowledged - nothing whatsoever has been heard from the CCBC since.  With an eight month backlog of Applications, this is not presently a good way to commence a Part 27 claim, and I'd strongly advise paying a few pounds extra to file the claim on paper at your local County Court instead.

pphillips

GraceCourt said:

Whilst ordinarily I'm a great supporter of using Part 27 proceedings (to use the correct terminology for money claims in the County Court of up to £10,000) through moneyclaimonline.gov.uk to obtain relief in a consumer dispute, at present the process is almost at a standstill except for straightforward claims.

I issued a claim in February against American Express Services Europe Limited for £100 and the company failed to file a Defence in time - they completed an Acknowledgement of Claim that extended the 14 days allowed to 28, but rather surprisingly they made an N244 application to extend the time allowed, at the same time filing a late Defence that stands little chance of success.

That was in March 2022, and in the last eight months - despite a number of enquiries with Northampton County Court Business Centre, all of which were electronically acknowledged - nothing whatsoever has been heard from the CCBC since.  With an eight month backlog of Applications, this is not presently a good way to commence a Part 27 claim, and I'd strongly advise paying a few pounds extra to file the claim on paper at your local County Court instead.

If you're making a paper claim, these must be sent to the CCMCC in Salford and not to your local county court.

Howard0123456789

I have a contract dispute and the Claimant issued a Claim and I did not receive.  It was posted to an old address of mine and the Claimant even wrote the wrong address on the Claim.  The Claim should have two names (contract dispute) but only has one name.  The Claimant has advised that they will agree a Consent Order to have judgement set aside and two have both names on the Claim.  Is there a consent order template.

Howard0123456789

I should add that there is a Default Judgement.

It looks like we can agree this on the basis of a full and final cash settlement.  If we do this and the Claimant advises the court that the matter has a been resolved and paid will there be any CCJ on anyones credit file? Judgement only just issued and we have about 4 weeks to pay

Palaceman8

Apologies if I am asking a question that has been answered previously. I have tried, but failed to look up the answer for myself
I am intending taking out a small claims court action against TUI. Their registered address is in Luton, a lengthy distance from where I live on the south coast. Would the case take place in Luton, or would it take place in a court that is local to me?
Thank you in advance for any guidance 

Jenni_D

Typically a claim would be heard at the Claimant's local court, unless the Defendant is a consumer (and the Claimant is a business). As you are a consumer claimant then it would typically be at the court you choose.

Palaceman8

Thank you Jenni, Much appreciated

I have been swaying between using the small claims court and the ABTA arbitration scheme, and because I feared I might need to travel to Luton with the former i had been leaning towards the latter. In view of your (very helpful) answer, I'm now undecided! One reason was that I thought that TUI might not even bother to turn up in a small claims court, but on another forum someone said TUI always defend cases

Joan85

I'm planning to make a claim, which I'm very confident of winning, against a local bathroom fitter. However, I don't know his current postal address. Apparently his wife's kicked him out and she claims not to know his new address. He is still using that (wife's) address in his advertising. I have a current email address to which I sent the Letter before Claim and he has answered that (negatively). Can I proceed without a postal address, or should I put the advertised business address? I don't want to waste my initial fee if the court can't communicate with him.

Jenni_D

If that's his official business address* then use it. If he doesn't get the court docs** so doesn't acknowledge or defend the claim, then you can file for a default judgment. (A judgment still doesn't get you your money though - you'd need to enforce it).

* Is he a Limited company with a company number?

** Of course he could then file an N244 to get a set-aside. But this would cost him £275

Joan85

Thanks. He was a limited company until sent to prison following a case brought by Trading Standards, but now he's a one man operation. And getting the money is the other problem. After the court case the judge didn't award compensation as he had 'no money'. We (there were a number of us) are pretty sure he has money stashed away, previously it was all in his wife's name, but he'll claim to have none.Not sure I can go through all this with little hope of actually getting the money, though it's the best part of £5000. And bailiffs may have to find him first!