Taking action via small claims route and costs if you lose, etc

justworriedabit

I've been in contact with citizens advice.
They have sent me info and suggest small claims court is the best route.
They have sent me items re consumers act 2015 and sample letters.
I will discuss this with my children over the weekend for their
help to write a letter for me to the company that has not provided the service.
Citizens advice agreed early on that I've appear to exhausted all
other options and company appears unreasonable,

I will discuss with family, seek help as stated above and then send
them the 14 day notice over the weekend.  (when I rang them just before 5 tonight
hoping they'd see sense they said "see you in court, so imo and expereince it will be court.)

I'm aware re evidence and quotes I will need for the repairs.
I will then go ahead and get item repaired and damages caused.
I'm aware that even when they lose the case, i may not get my money.

My questions
Can I claim for stress and time, though we are retired, I do have hobbies/etc.
Just in case I lose (which I doubt as I've been open, honest, more than reasonable)
what costs, approx costs will I have to pay the other people.
(the claim will be no more than 1k, and then their legal fees I guess. I am aware
no one can give an exact number I'm asking for an idea and won't hold
anyone to it. The gov websites states it should not be too great.)

I'm also aware we have six years to purse as don't want to go to court as never been before and especially during covid.
NB: I will be using citizens advice for their advice/guidance step by step.

justworriedabit

can't edit - should read 'pursue' and not purse.

justworriedabit

Really sorry, can't edit but I had also read this today
.moneysavingexpert.com/reclaim/small-claims-court/

MattMattMattUK

justworriedabit said:

I've been in contact with citizens advice.
They have sent me info and suggest small claims court is the best route.
They have sent me items re consumers act 2015 and sample letters.
I will discuss this with my children over the weekend for their
help to write a letter for me to the company that has not provided the service.
Citizens advice agreed early on that I've appear to exhausted all
other options and company appears unreasonable,

I will discuss with family, seek help as stated above and then send
them the 14 day notice over the weekend.  (when I rang them just before 5 tonight
hoping they'd see sense they said "see you in court, so imo and expereince it will be court.)

I'm aware re evidence and quotes I will need for the repairs.
I will then go ahead and get item repaired and damages caused.
I'm aware that even when they lose the case, i may not get my money.

All those are things to cake into account, have you check the company or individual to see if they have the capacity to pay should you win? If they lack the capacity to pay then it might not even be worth starting.

justworriedabit said:

My questions
Can I claim for stress and time, though we are retired, I do have hobbies/etc.

No.

justworriedabit said:

Just in case I lose (which I doubt as I've been open, honest, more than reasonable)

What is the value of the claim? If it is less than £10,000 it will usually be the small claims track where costs are very limited.

justworriedabit said:

what costs, approx costs will I have to pay the other people.
(the claim will be no more than 1k, and then their legal fees I guess. I am aware

Costs are capped, up to £80 in fixed costs (must be agreed by the court as genuine costs), small amounts of miscellaneous costs, a loss of earnings cost up to a maximum of £95 covering the period of attending court), travel expenses (second class trains and bus services, not taxis or mileage). The only large fee which might arise is an "expert's fee" where the court deems it relevant to the defence, up to the value of £750, although that is rare. 

justworriedabit said:

no one can give an exact number I'm asking for an idea and won't hold
anyone to it. The gov websites states it should not be too great.)

That is correct, no one can give you an exact number, the best case scenario would be nothing, the worst case scenario would be a little short of a thousand, barring exceptional circumstances. 

justworriedabit said:

I'm also aware we have six years to purse as don't want to go to court as never been before and especially during covid.
NB: I will be using citizens advice for their advice/guidance step by step.

Small Claims Track in the Small Claims Court are all held virtually at the moment. However if you start the claim and courts reopen you can not refuse to go to court (at least not without usually losing to a summary judgement against you).

Aylesbury_Duck

I assume this is related to your leaking conservatory?  If so, it will probably be under the £10k level, so small claims would be the route.
https://forums.moneysavingexpert.com/discussion/6240110/does-trading-standards-still-exist-at-local-level#latest

justworriedabit

Cheers MMM
As per my  first post here it is going to be sub 1k unless I'm advised the item is not for for the purpose which I doubt, so 1k is about it.  I've done no research other than the outfit has been going strong for many years.
Thank you for your detailed response.
Any tips when preparing for this?  FYI, I will keep it simple, stick to this episode of problems and not muddy the water re previous problems I had with them when it took about 40 phone calls, 60 emails, 5 appointments not kept and the first one they kept their workers know !!!!!! all re problem, but as I said that was done and dusted so keeping it simple as possible.

There are several reviews online line that are similar to mine - do you think I should refer to them or not.

Like most services, when first installed/finished looks good to ok it is only when things go wrong that you see what these incompetent, money grabbing !!!!!! are up to.