Small claims court.

steampowered

CIS wrote: »

No, but as he's acting for himself the litigant in person rates can be claimed at £19p/h (all monies are obviously at the discretion of the court)

Not in small claims track - in small claims track (claims below £10k) costs like this are only awarded against a party who has behaved unreasonably in how they conducted the litigation.

This is only applied in a small number of cases to punish bad conduct (for example people who bring completely vexatious claims, or ignore court deadlines, swear at the judge etc. etc.)

The small claims track costs rules are available here for anyone who wants to read them: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14

auntjo

A quick question if I may.

I am taking my Credit card company to court over its refusal to pay up over s75 CCA. The claim is likely to be over £10k, however I still have to confirm this. The claim is for a bad plumbing and incomplete work. If I claim in the small claims court and they awarded me £10k, can I then make any further claims if I find the works to put the faulty work right costs more than £10k?

I prefer the small claims track as from what I understand it is much quicker than regular court.

thanks

DoaM

Have you raised a complaint and followed the complaints procedure?

Have you received a Deadlock letter from the card provider?

Have you raised a case with FOS?

waamo

auntjo wrote: »

A quick question if I may.

I am taking my Credit card company to court over its refusal to pay up over s75 CCA. The claim is likely to be over £10k, however I still have to confirm this. The claim is for a bad plumbing and incomplete work. If I claim in the small claims court and they awarded me £10k, can I then make any further claims if I find the works to put the faulty work right costs more than £10k?

I prefer the small claims track as from what I understand it is much quicker than regular court.

thanks

What has this to do with Viagogo?

steampowered

auntjo wrote: »

A quick question if I may.

I am taking my Credit card company to court over its refusal to pay up over s75 CCA. The claim is likely to be over £10k, however I still have to confirm this. The claim is for a bad plumbing and incomplete work. If I claim in the small claims court and they awarded me £10k, can I then make any further claims if I find the works to put the faulty work right costs more than £10k?

Generally speaking you only get to claim once in relation to the same matter.

I prefer the small claims track as from what I understand it is much quicker than regular court.

Small claims track uses the same judges and courts as the other tracks - unless the claim goes to the High Court (generally only claims more than £100k) it all goes through the county court system.

SCT isn't much quicker to be honest. The main difference is the costs rules - i.e. once you get above small claims track, the loser pays the winner's legal costs.

lefeverela

Zadzad (or anyone else) did you get any further on that?

I am also trying to sue viagogo for a larger amount (about 3k GBP).
I have already send my CCJ letter to the Viagogo UK address, but received a similar letter than yours saying (from Viagogo lawyer) that I did not serve my notice to the right address.
In their reply (Viagogo's lawyer) they advise me to call the Law Society and get help from a solicitor to send the form properly. I will try that tomorrow but I am afraid this will not be a cheap solution.

On another note, I received a letter from the County Court saying that viagogo (the defendant) did not replied the claim form I send via CCJ. The letter is then saying that the defendant (Viagogo) must pay me the amount I claim. But based on the above from Viagogo's lawer I have the feeling that I will not be able to enforce it anyway. Any take on that?

In case someone can help, this is what the lawyer told me: "If you intend to pursue your claim you will need to ensure than the Claim Form is properly server on our client. Our client's address is set out on its website viagogo.co.uk and the Civil Procedure Rules explain the requirements for serving foreign entities. Please note that we are not instructed to accept service on behalf of our client."