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Small claims court successes

edited 23 April 2013 at 7:36PM in Consumer Rights
52 replies 15.9K views
MSE_AmyMSE_Amy Former MSE
49 posts
edited 23 April 2013 at 7:36PM in Consumer Rights
Hi!

This is the discussion thread for the

Click reply below to discuss. If you haven’t already, join the forum to reply. If you aren’t sure how it all works, read our New to Forum? Intro Guide.
«13456

Replies

  • I have recently been successful in a Small Claim in the County Court with the Judge ordering the Defendant to pay me by 5th April. He has not paid to date. The amount is just under £100. The options for me are to commence enforcement proceedings which will cost a minimum of £100 with no guarantee that I will recover any costs or indeed the original debt. The case has taken just under a year to come to Court and I am reluctant to spend more time and money. I had thought that at least the Defendant would have this Order entered on the Register of Judgements, Orders and Fines. No so apparently - unless and until I commence enforcement proceedings the Order is not put on the Register. So, all a Defendant has to do is to ignore the Court Order and gamble on the Claimant not pursuing enforcement proceedings (particularly as the amount of money is comparatively small) and nobody will ever know that he had a Judgement against him. How can this be? I have written to Chris Grayling and my MP to raise the matter.
  • SpongeSponge Forumite
    831 posts
    Part of the Furniture 500 Posts Combo Breaker
    ✭✭✭
    Several years ago I took an old housemate to court as he left without paying his share of the phone bill. I won the case and he was ordered to pay back approx. £120, at £5 per month. :undecided

    I received one payment, by cheque, which bounced. I didn't receive any further payments.

    Like the above poster, it was going to cost me more money to enforce the payments and I opted not to and move on my life. :sad:
    You can tell someone what they need to know without being an Equus africanus asinus at the same time.
  • caironcairon Forumite
    31 posts
    My partner wants to take her ex to court via small claims for a debt of £3500 but the only information she has is his work address - its the MOD so would that be enough to put a small claim in or she going to need his address and how would we get that as he isn't on the electoral role right now.

    Any help or advice most welcome.
  • QuentinQuentin Forumite
    40.4K posts
    ✭✭✭✭✭
    No, she will be wasting her money putting his work address.

    You must use a residential address for an individual.

    (She also needs to follow the pre action protocols, which presumably she hasn't)
  • You need to be very careful of this company which does unsolicited calls asking you to join a number of groups that it operates in Manchester and over the country.

    They call you up and offer you a listing in their directory and then say you will get lots of business. They agree to meet you and in my case I visited their offices at
    Net Trading Solutions Ltd

    Enterprise House
    Manchester Science Park
    Lloyd Street North
    Manchester
    England
    M15 6SE

    They say you can join at varying fee rates and that there is no-obligation and you can cancel in 24 hours and then when you think about it and want to cancel then they sue you for thousands of pounds. Be very carefful of these people as it is high pressure sales.
    One of the main guys is called James Garner and he signed me up under pressure then would not let me cancel!!!!

    He is now sueing me even though I am not even qualified to get Job Seeker Allowance. What can I do? Please help!!!!!:mad:
  • wealdroamwealdroam Forumite
    19.2K posts
    < snip most of it >

    He is now sueing me even though I am not even qualified to get Job Seeker Allowance. What can I do? Please help!!!!!:mad:
    The first thing you should do it re-read the first post on this thread.

    The bit where it says:
    MSE_Amy wrote: »
    This is the discussion thread for the

    The next thing to do is start your own thread.
  • rs746rs746 Forumite
    2 posts
    Hi all,

    I'm looking for some advice regarding works done on my MK1 VW Caddy. If anyone could help I'd be very grateful. My question is, has the garage behaved unlawfully in progressively invoicing me more and more money to do a job that was originally quoted at a much lesser price. So as to abbreviate the timeline of events, all details are below in bullet points. So as not to cloud judgement, I have left out my emotions along the way- simply the facts.

    -July 2013 car taken to garage. Found substantial corrosion to the underside of the car concealed by sealant from previous owner. Quoted £1600 for work to be done [I made it very clear that this was a huge amount of money for me and since I had already invested 1800 in the car + insurance/ road tax etc decided to go ahead with works]. Informed that without the work the car is worth scrap prices due to the damage, with the work it will be worth £2500-3000 which with research I would agree with. Weighing up the numbers I decided to go ahead with the work.

    - Removed all sealant advised that £1600 was now due to be paid for work and next quote was £2500 to repair all damage. [1600 already in I again made a tough decision to do the work]. Inform him that I will be required to take a credit card out to meet the payments. Very clear that I was struggling to afford this.

    -Phonecall to say that one side of car had been repaired, £2500 required now and now total job would cost £3100. Again, reluctant payment.

    -Asked to go down to garage to be informed that all work was now complete and now a further £2000 was required on top of £3100 for work that already been completed.

    I told him that this was just not possible and he reduced cost to £880 as a 'gesture of good will'. I have informed him of my mistrust and unhappiness and to please reconsider the payment. He has refused this and threatened debt collectors to get funds. In order to retrieve the car I have said that I will 'pay under protest' and seek refund of £880 through the courts.

    In terms of a legal case, I would like to know if any of this has been unlawful?

    -I feel there has been an extortion of money by drip feeding the costs of the work (if been aware at the start that work could cost between 1600-5000 I would not have taken the risk.

    -I did not give permission for the work to be done after £2500, work was completed and I was only informed afterwards that I now owed money.

    -He claims that with these cars it is difficult to put a cost on this type of work until you can see the whole picture of corrosion. While I understand this. At the £2500 mark he had removed all corroded metal on whole underside of the car so surely knew exactly what work was required as he could see all damage- why then did he only charge £3100 at this stage.

    Any help anyone can give me I would be much appreciated.

    rs746
  • I've not read your post. Are you commenting about a Small Claims Court success? If not why have you posted in THIS thread instead of starting your OWN NEW thread?
  • edited 7 October 2014 at 9:50PM
    MrHelpfulMrHelpful Forumite
    172 posts
    edited 7 October 2014 at 9:50PM
    We were having our garden landscaped at a considerable cost of £15,000 (yes Fifteen Thousand Pounds) for a big project. To cut a long story short we had a set works/payment schedule but now probably 50% into the job and the landscaper just getting the third installment (£10,500) has he stop doing any work. He isn't willing to finish the works unless he can use cheaper material but not lower the price. He has now even stopped contact! I've written a letter before action and will take him to small claim court but what do I put in when money was owed? what am I suppose to put here? should it be date of schedule completion ... I have had someone quote to finish the job and they have said £9,500! making a total outlay of £20,000 and me being out of pocket by another £5,000. I am at my wits end as we are living in the middle of a building site and I can only cry to see this landscape gardener had absolute no morals. Words cannot describe the devastation he has caused.
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