Small claims court - advice please!

babyblooz

Hello all! :hello:

I wondered if anyone could give me some advice on how to proceed with a claim through the small claims court. It's a long story, but we had a bathroom fitted, after using their planning service. There is a problem that hasn't been resolved, indeed no one can seem to work out just what is the problem, and after speaking to Trading Standards, they have said that we have a case. I sent off the letters as advised, and waited the two weeks, as advised. The retailer has written back, saying there is nothing more they can do. Apart from an acknowledgement letter we are still waiting for a final response from the credit card company.

The lady i spoke to at Trading Standards is on hols for two weeks, so I am not sure what to do next, without her help on how to proceed. She had directed me to a website, but that appears to be down or out of date!

Can anyone else direct me to a site that explains what to do or pros and cons etc. I need to know the worst case scenario. if the case gets thrown out (unlikely given the advice from trading standards) then what would happen and would I just have to stand the cost of the court fee?

Blacksheep1979

If it gets thrown out you just pay the court fees (not that much) listed here

http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm

and you can do it online easy enough here

https://www.moneyclaim.gov.uk/csmco2/index.jsp

If you win you (usually) get the fees back.

Little_John

A few things to check out. Not quite ready to go to the small claims court just yet. This could be an alternative.

Do you have a writen agreement to what the company was provideing you? ie a contract?
Have they come through on the contract? I guess not as your not happy.
How did you pay for it? hopfully a credit card.

If you did, write to the company and post it recorded delivery, telling them what you want and give them reasonable time to sort the problem out 7 days or 14 days what ever you feel is reasonable and inform them that you will contact the card issuer to recover the funds, also indicate on the letter CC: My banks credit card (substitute your card company in there) and send a copy of he letter with a covering not to your credit card supplier indicateing to them you are having problems with this item you paid for with their card.

With a lot of luck the company will realise your not happy and are taking measures to recover your money as they have not supplied what they were contracted to supply and they will come and fix the problem all is happy and sorted

If they don't fix the problem with in the time period you then write to your card issuer informing them that the company has not supplied as per the contract and you would like them to recover the funds.

The alternative is to get another company in to finish the job and use the small claims court to recover the extra costs of fixing the problem from the original company. As blacksheep posted moneyclaim is a good option for using the small claims court.