Small claims court successes

wealdroam

MrHelpful, have a read of the post immediately above yours.

The one which says:

bod1467 wrote: »

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?

MrHelpful

Oops will move to new thread... sorry

PJKC

let down badly by an on line retailer. The TV I purchased broke down after 13 months. retailer refused to comply with the sale of goods act. Went to court and found in my favour. retailer refused to pay. Then had to pay for bailiffs to enforce the judgement.In the meantime the retailer appealed.The appeal was thrown out as they had no grounds to appeal on. Then the bailiffs ( who never updated me, never replied to phone calls or emails) contacted me to say the retailer ceased trading. This was blatantly not true ie appealed the case and still registered at company's house.The bailiffs would only take further action if I paid for another enforcement action.At this point called it a day. In my experience a small claims court has no teeth and a rogue trader will just ignore it.As usual the man in the street loses out while rogue traders are free to stick two fingers up to the courts. If I failed to pay my council tax or parking charge etc bet I would be taken to court and forced to pay.Would not bother again unless the small claims courts are given more teeth to enforce their decisions.

MagicWand

Has anyone had a small claims success against a health club regarding penalties for failing to give 3 months termination notice on a year long contract?

k.kendall2

Can I just ask a question, if its a company and you know the owners name do you put the claim against the company or the owners name trading as the company name.


Your help would be much appreciated on this one.


Thanks

Foolah

I want to take a company to court regarding a Data Protection Breach, but there is a fee of £410 t do this and it is only payable upfront. Is there not another way of doing it?

tomtontom

Foolah wrote: »

I want to take a company to court regarding a Data Protection Breach, but there is a fee of £410 t do this and it is only payable upfront. Is there not another way of doing it?

If you are not eligible for a fee remission then no, there is not another way of doing it. Are you confident of your case, do you have a provable loss?

fifitrix123

commonsenseParty wrote: »

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.

Hi
I have also won a case and been told to apply for a warrant but I took the company to court, not the individual name so could I apply for the warrant in the Individuals Name as I also have his home address so easy for the baliffs to chase him.
I would be so angry too if now I had won the case he got out of paying yet I don't think he went bankrupt or anything he just ceased trading. He was known as SW furniture world T/As Suites Direct so I am told I could pursue him individually but no one knows for sure?

arcon5

fifitrix123 wrote: »

Hi
I have also won a case and been told to apply for a warrant but I took the company to court, not the individual name so could I apply for the warrant in the Individuals Name as I also have his home address so easy for the baliffs to chase him.
I would be so angry too if now I had won the case he got out of paying yet I don't think he went bankrupt or anything he just ceased trading. He was known as SW furniture world T/As Suites Direct so I am told I could pursue him individually but no one knows for sure?

If he was Ltd then no you can't chase him personally.

Taylorson

I have won a case for £2500 for a double glazing firm M & S Windows in Chorlton for return of deposit for installation not carried out. Warrant was issued and bailiffs went twice. At the premises the bailiffs were told that the firm was no longer trading, but what they had actually done was started a Ltd company called LydiaVale Ltd trading as M & S Windows. They are at the same premises, same people, same web site, same phone number. Can I still pursue them for my money?