We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Small claim going south... advice
Comments
-
If you have home insurance, you probably have legal cover as part of this. If you have legal cover, your insurance company should do all this for you.The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.1
-
Am I right in thinking that most require you to consult them before you start legal proceedings (if you are the initiating party), rather than after, and for them to agree to the action?tacpot12 said:If you have home insurance, you probably have legal cover as part of this. If you have legal cover, your insurance company should do all this for you.1 -
Each policy has its own wordings but its common that they require there to be a reasonable prospect of success (51%) and that the costs must be proportionate (they wont pay £30,000 in solicitors fees to get your £10 back for a faulty widget).MattMattMattUK said:Am I right in thinking that most require you to consult them before you start legal proceedings (if you are the initiating party), rather than after, and for them to agree to the action?
They will normally want to be engaged as early as possible in the process and certainly before any solicitor is appointed to act. Having already issued I dont think is a deal breaker but clearly the quality of the statement etc may influence their decision on your prospects.
LE cover comes in two levels... stuff we will give general advice on (that tends to be very broad) and stuff we will actually represent you on (this tends to be much tighter). Consumer Rights historically were normally covered but have seen more policies more tightly defining what they'll cover or not in recent years.1 -
The reason they are contesting the small claims is because you are under claiming by 8k to try and get round the system.
It will not get allocated to the small claims because you have no legal basis for coming up with the exact 10k figure. It's obvious what you are trying to do.0 -
Presumably this is just the allocation hearing?
If so, the bundle will need to have the evidence you want to use at that hearing. Not the evidence for the whole trial.
You should have received directions from the court setting out what happens next and what you are required to do.
1
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 353.6K Banking & Borrowing
- 254.2K Reduce Debt & Boost Income
- 455.1K Spending & Discounts
- 246.7K Work, Benefits & Business
- 603.2K Mortgages, Homes & Bills
- 178.1K Life & Family
- 260.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards