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Course Issues - Small Claims Court

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Comments

  • CityLite
    CityLite Posts: 57 Forumite
    TELLIT01 wrote: »
    I would have thought that if you have taken it to the small claims court you have to wait for the court to do its bit. Although there are dates by which a response must be provided does that automatically mean that the case will be heard on that date?

    The court sets dates by which a response is required.

    If no response to the claim is forthcoming, then the claimant can apply to the court for a default judgement.

    If the claim is defended, then the claimant can ask for the the matter to proceeds to a hearing where the court will decide. The court will set the date for this (if it agrees, which it usually does) after the claimant has paid the appropriate hearing fee.
  • maxkins
    maxkins Posts: 29 Forumite
    Third Anniversary 10 Posts
    small claims has a set amount of interest that you can add to your claim. its there in their guidance sheets. if i recall rightly it is something like 8%.

    be warned that even if you do get a judgement in your favour this does not mean you will get your money back, especially if his business is registered at a PO box. this happened to me with a plumbing course. i sent out the high courts sherriffs to enforce the warrant. the company ended up dissolving themselves to avoid payment and simply creating a brand new company name the next day. happens all the time.
    mini money saving noob
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Apply for default judgment now.

    He may be able to get it set aside later, but it increases the cost and difficulty to him of defending the case.

    You should have included interest when you completed the "moneyclaimonline" form - there is a box for it.
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