Small Claims Court guide

mhcks

Has anyone had experience of claiming for a refund on electrical goods that were bought on line, opened, and rejected and returned to the company, accompanied  by letters cancelling the contract etc within 14 days and so on?

The company has suggested the goods were "Used" and that hygiene seals ( the  black plastic cable ties) had been broken and are refusing the refund.  We did open the unsealed box and we did turn the device on. 

They have even returned the goods to us.  CAB is of little help.  Our only recourse appears to be the small claims court.

Alderbank

MartinsCottage said:

Hello, anyone claimed for just under £10.000, taking the total sum over 10k with the court fees? Is it still considered small claim? Thank you. 

£10,000 is an approximate rule of thumb. 
Court officials decide which track based on a number of factors but principally on the likely amount of court time is will need.
A simple straightforward claim for £15,000 would probably be assigned to small claims, a more complex claim for £5,000 could be fast track. 

screech_78

mhcks said:

Has anyone had experience of claiming for a refund on electrical goods that were bought on line, opened, and rejected and returned to the company, accompanied  by letters cancelling the contract etc within 14 days and so on?

The company has suggested the goods were "Used" and that hygiene seals ( the  black plastic cable ties) had been broken and are refusing the refund.  We did open the unsealed box and we did turn the device on. 

They have even returned the goods to us.  CAB is of little help.  Our only recourse appears to be the small claims court.

Probably best sticking to your original thread. This is on the same forum with the same forum members responding. 

There is no precedent set in small claims so what would happen for one person might not happen for another. Depending on the cost involved, you need to decide if it’s worth the hassle. 

dlake0001

Won my case in court on the 15th March and have heard nothing since. Is this normal? .Gov site says I'll get a copy of the decision but haven't received anything. Only communication has been in an email from the defendant to the court last Monday that they CC'd me into asking the court what the outcome of the hearing was. This Friday it'll be 28 days since the hearing. Again, is this normal? Thanks in advance for any help.

vienna66

My SME is owed £12,500 by a supplier who was paid twice by mistake and wont return the funds.  How can I check if the supplier has the means to pay before I incur the cost and spend the time to take the case to court and pay for enforcement assuming they still refuse to pay.  I have already tried companies house info and SM about the company.  

omegatvt

hi , I have taken a small claim court against an ebayer for about £300. so far, the defendant has not responded and there is another week to go. If they dont respond at all, i presume it is judgement by default. but after that, what realistic avenue do i go next to get the money or issuing CCJ to the defendant ?. 

eskbanker

omegatvt said:

hi , I have taken a small claim court against an ebayer for about £300. so far, the defendant has not responded and there is another week to go. If they dont respond at all, i presume it is judgement by default. but after that, what realistic avenue do i go next to get the money or issuing CCJ to the defendant ?. 

Enforcement is covered within the guide that this thread discusses.

omegatvt

eskbanker said:

omegatvt said:

hi , I have taken a small claim court against an ebayer for about £300. so far, the defendant has not responded and there is another week to go. If they dont respond at all, i presume it is judgement by default. but after that, what realistic avenue do i go next to get the money or issuing CCJ to the defendant ?. 

Enforcement is covered within the guide that this thread discusses.

can you send me a link or something. i have tried to search but no success.

Jenni_D

Go back to the very first post and click on Small Claims Court Guide? Then search for the word enforce.

omegatvt

Jenni_D said:

Go back to the very first post and click on Small Claims Court Guide? Then search for the word enforce.

Hi, it looks like the defendant has not replied and I will get a judgement in my favour. However having read all the enforcement information, it looks like that's us just the beginning. I don't know his bank account or work place, so to do I have get a request of information and pay someone to deliver this which will be another £150 of costs ?