Small claims court question

Janeuk

Hello everyone,

I'm having a problem with my local phone repair person, I gave him my phone to change the screen and paid £100 for it, they have changed the screen but now the home button doesn't work and there seems to be some dead spots on the screen as I can't type some letters in. I have tried solving this problem with them but he demands another £70 for fixing these issues, my phone is only worth £200 2nd hand, so that is really unfair. It's important to note that those features were working even when the screen was cracked. My only option is to take him to small claims court, and I need some assistance with that please. For example, the person I paid seems to be renting a space in a computer shop, do I sue the shop or this person?

Thanks for your help

arcon5

The person - he's a sole trader by the sounds of it

Janeuk

arcon5 wrote: »

The person - he's a sole trader by the sounds of it

Would I need his name for the claim, or his phone shop?

esuhl

Have you looked at the Money Claim Online website? I seem to remember that it has some information on the small claims process.

https://www.gov.uk/make-money-claim-online

KeithP

Janeuk wrote: »

Would I need his name for the claim, or his phone shop?

You need the name of the party you are claiming against - be it a business name or the name of a person.

You cannot make a claim against "the bloke with dark hair who sometimes sits in the computer shop".

Make very sure you are claiming against the right entity, otherwise you are throwing good money after bad.

Janeuk

KeithP wrote: »

Make very sure you are claiming against the right entity, otherwise you are throwing good money after bad.

Thanks for your reply. What would happen it the claim went to hearing and it turned out that the wrong name is on the claim? I actually don't have name for the person who has attempted to fix my phone.

Takeaway_Addict

Janeuk wrote: »

Thanks for your reply. What would happen it the claim went to hearing and it turned out that the wrong name is on the claim? I actually don't have name for the person who has attempted to fix my phone.

Did you not get a reciept?

KeithP

Janeuk wrote: »

Thanks for your reply. What would happen it the claim went to hearing and it turned out that the wrong name is on the claim? I actually don't have name for the person who has attempted to fix my phone.

The claim would be dismissed. The defendant would be able to claim his expenses for the day from you, and you would've also paid a filing fee and a hearing fee.

However, if you sue the wrong person and he makes this clear to the court beforehand, the case could get struck out and you may only be down the cost of the filing fee.

Either way, you are no closer to getting a remedy to your situation.

LadyDee

I believe you'd have to sue, say, (His Name) trading as (the name he trades under). You certainly need his name.

Manxman_in_exile

How did you pay him? Cash? If not you must have some sort of receipt with a name on? (Hopefully...)

Janeuk

Takeaway_Addict wrote: »

Did you not get a reciept?

No I paid by cash, but I have a bank statement which shows I have withdrawn that much cash on the day.