Small claims court successes

Taylorson

It was M & S Windows which is it what they were called until 29 May 2015

Castle

Taylorson wrote: »

It was M & S Windows which is it what they were called until 29 May 2015

This is just a trading name not a legal entity.

You'll need to establish who was using this trading name at the time you paid the money it will either be:-
(1) ABC Ltd t/a M & S Windows or
(2) Joe Bloggs t/a M & S Windows or
(3) Joe Bloggs and Fred Smith t/a M & S Windows.

Freddie

Hi,
Sorry if this is the wrong place but couldn't find where else to post this question...
I have completed a Court Claim online with MCOL. I received confirmation that the claim has gone to the court but I'm not sure if I am supposed to send the Claim Form to the defendant or if they will.
Does anyone know?
Thanks in advance...

peter_percent

I do an average of four a year for the last 10 years, most involve the sort of customer service crazy loops that goes on. You get a reply from Sahid you answer and Sheena replys but she is unaware of what you told Sahid, you remail the details to Sheena and Toby replies he knows nothing and can't read more than the first two lines. You try the phone, wait ages and get nowhere, after a few hours of this stuff, I send an invoice for the original problem PLUS my time and frustration as I see my time of no less value than a paid customer service operator plus at the end of the day I am the customer who has paid for something that is not right.
The invoice is never paid right off. So I send the letter of intent, sometimes this is enough to get a phone call with perhaps an offer. If not I start the case most have been settled before going to court. Only once did I have to go and then the other party a major electrical retailer did not turn up.
All claims have been under £600 and have ranged from faulty goods , problems with insurance NCD . Major flight delays, being manhandled by shop security guards, issues with mobile network providers, spam mails from banks and anyone who treats my time to have no value while they waste it making their wages. I have never lost. This said all have been big companies who I suppose balance the cost of defence against payment ,I continue to stand up for myself unlike many who just let things go on

Hotdogs1990

I took a loan out for someone in my name, however I have a signed contract between ourselves and police reports for theft since taking the loan out and text messages confirming everything.. Unfortunately he walkedout of job after paying a few repayments and has been unemployed since.. He hasn't got the money to repay the monthly repayments.. If I took this to small claims where would I stand? I know 100% that I will win. The case as I have discussed it with a barrister at work. Would he get a ccj and ordered to pay back a monthly repayment to me or will the court award the money. I have no idea how it works..

unholyangel

Hotdogs1990 wrote: »

I took a loan out for someone in my name, however I have a signed contract between ourselves and police reports for theft since taking the loan out and text messages confirming everything.. Unfortunately he walkedout of job after paying a few repayments and has been unemployed since.. He hasn't got the money to repay the monthly repayments.. If I took this to small claims where would I stand? I know 100% that I will win. The case as I have discussed it with a barrister at work. Would he get a ccj and ordered to pay back a monthly repayment to me or will the court award the money. I have no idea how it works..

What did the barrister at your work say?

What will happen (if you win) is that there will be a CCJ, which will be recorded against his credit history if he fails to satisfy it within the allowed period (usually a month). If he doesn't pay then you may have to pay additional fees in order to enforce the judgement against him.

However enforcement may be futile unless he has assets or employment as I'm going to guess he doesn't care about his credit history because he wouldn't have needed you to take out the loan if he was the responsible type who makes repayments as agreed & on time.

tanvir

Hi Guys,

I need assistance on weather it be worth taking a deposit issue to small claims, Here is the sequence of events:
I rented a car from a private individual for 1 day and paid a £500 deposit for that rental on the premise that if no issues this will be returned. 10 months Has passed and I still haven't received my deposit back. I paid in cash and there was no receipt provided as it was a private deal. The individual said he will pay back and kept delaying and has now come to a point where he is not responding to my calls or texts or even any kind of communication. Is this worth taking to small claims? I have only proof of our social media conversations, whatsapp and text messages.

Please advise

unholyangel

Has he admitted in the conversations you have that you paid the deposit and that he was going to refund it?

If so, should be an easy win. However as we point out on here. winning at court doesn't guarantee your money back. If its an individual then he's personally liable but this can be an issue if the person doesn't have any assets to seize/is self employed (and therefore earnings attachment isn't possible either).

tanvir

Has he admitted in the conversations you have that you paid the deposit and that he was going to refund it?

If so, should be an easy win. However as we point out on here. winning at court doesn't guarantee your money back. If its an individual then he's personally liable but this can be an issue if the person doesn't have any assets to seize/is self employed (and therefore earnings attachment isn't possible either).

From the conversations we've had and the proof I have he says things like "you will get your £500" or "I'll send it tonight" or "meet me today, i'll pay today".. would this be enough? I have proof of him asking for deposit, and bank statements to prove i withdrew that amount on that day to pay him (but no proof of paying him as it was by cash). I have call histories showing how many times I have called him over the past 10 months.

He is an individual but I know he has funds to pay back as his social media account shows him travelling and driving expensive cars?

basil181

My sister is executor of our Dads estate. She has divided everything up except a small number of shares which she has sold but not given me the money - my share is about £1200. She has blocked my e-mails & texts. I have been to a solicitor who says it will be £200 to send her a letter but they "cannot police her" so she may not pay me.
Could I use small claims court to pursue my sister for the money I am owed for the shares?