Small Claims Costs

atlantis187

Can someone please give me a rough breakdown of how much small claims court fee's are including bailiffs costs to enforce the court order?


The situation is a purchased a second hand car from a dealer for £1850 (paid in cash unfortunately - big mistake) the car broke down same day on way home head gasket gone and now the dealer is fobbing me off and being unhelpful ignoring my emails and telephone calls.


I have asked for a refund from him stating the consumer rights act which gives me 30 days of right to reject of faulty goods and he has said he does give a s**t about this law and if I want money back to take him to court.

steampowered

In your case £185 to issue the claim, plus a £170 hearing fee if he defends the claim and it proceeds to a hearing.

https://formfinder.hmctsformfinder.justice.gov.uk/ex50-eng.pdf

Bailiff costs would be extra.

agrinnall

steampowered wrote: »

In your case £185 to issue the claim, plus a £170 hearing fee if he defends the claim and it proceeds to a hearing.

https://formfinder.hmctsformfinder.justice.gov.uk/ex50-eng.pdf

Bailiff costs would be extra.

I think you misread the fee, for a claim of £1850 the cost is £115 for a paper claim or £105 for online (£185 is the online fee for claims between £3000 and £5000).

https://www.moneyclaim.gov.uk/web/mcol/welcome

atlantis187

How much will the costs for the bailiffs be to actually go and get me money?

DoaM

Don't get ahead of yourself ... you haven't raised a claim yet nevermind won it!

Bailiff costs are added to the charge, hence paid for by the defendant?

hollydays

You say he's fobbing you off, so what's he disputing exactly?
If you've been civil, why would he be so rude?

hollydays

I see you've already got a thread on this auction purchase.
You need to take that advice and take the car back to them.
https://forums.moneysavingexpert.com/discussion/5623840

Yet, after making the above post you are querying the Bluetooth after that post , on a different car you seemed to buy on the same day?
https://forums.moneysavingexpert.com/discussion/5626946

Stevie_Palimo

DoaM wrote: »

Don't get ahead of yourself ... you haven't raised a claim yet nevermind won it!

Bailiff costs are added to the charge, hence paid for by the defendant?

They may be added onto costs but it is down to the claimant to pay these upfront first and this still does not guarantee that they will receive the money back, The dealer could simply close the doors on the one Company after a claim is issued and walk away from it.

As for the additional costs if you win see here :- https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/bailiffs-fees-and-charges/fees-bailiffs-can-charge/

steampowered

agrinnall wrote: »

I think you misread the fee, for a claim of £1850 the cost is £115 for a paper claim or £105 for online (£185 is the online fee for claims between £3000 and £5000).

https://www.moneyclaim.gov.uk/web/mcol/welcome

Yes you are right, I read the wrong row - the issue fee is £105 and hearing fee £170 if the case gets to that.

The Op would should issue through MCOL for something like this so the MCOL fee is the relevant one.

atlantis187 wrote: »

How much will the costs for the bailiffs be to actually go and get me money?

Not a straightforward question, as it depends whether you are using county court bailiffs or HCEOs. I'd suggest using HCEO, you can get an idea of the fees by looking at a HCEO firm's website.

Of course all of these costs can in theory can be recovered from the defendant - if the defendant pays up or the bailiffs manage to recover it.

atlantis187

hollydays wrote: »

I see you've already got a thread on this auction purchase.
You need to take that advice and take the car back to them.
https://forums.moneysavingexpert.com/discussion/5623840

Yet, after making the above post you are querying the Bluetooth after that post , on a different car you seemed to buy on the same day?
https://forums.moneysavingexpert.com/discussion/5626946

yes thank you for noseying around on my posts. lol
I bought 2 cars a Corsa for my wife which I'm having problems with the dealer and a Peugeot for myself from elsewhere

hollydays

He's told you to take the car back to him but you don't want to?