The Online Court: Give your feedback

Former_MSE_Andrea

What's it about?

A former Justice's Clerk has contacted us letting us know about a free site he's set up to help others. It's designed to give people a realistic idea of the sentences handed out for different crimes.

The website is The Online Court.

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Isatou

Do you have any advice re taking someone to the Small Claims Court for non-payment?

Gorf123

re. Small Claims Court, use moneyclaim online. The system is supposed to be geared towards fair treatment without the need for legal representation. If you have a valid claim and file it, you're probably going to get it sorted before it goes to court. If not, expect your non-payer to either fight or not bother. If he doesn't bother, you win by default but then have to go back to court to try to get your money. If he fights, you risk losing.

There's a "toilet paper" publication called the "civil procedure rules" - it's "toilet paper" because that's about all it's useful for. In my particular case, the other party flouted those rules from start to finish and the judge just let it happen.

IMO You need to be owed a good deal of money (£400+) and be sure you'll win and have a better-than-average chance of recovering the debt before court action is worthwhile. If you fail on any of the counts, put it down to experience and choose your debtors more carefully next time...

Isatou

Thanks for that. Perhaps someone can give me advise. We store caravans/cars on our farm and one of the owners of the cars has not paid any rent since last September. Up until last month we just had a mobile number for him but every time we phoned, our phones went staright to answerphone - he never replied to messages or texts that we left. Finally, we managed to get his address through the DVLA (cost £5) and have said that we will take him to the small claims court to recover rent owing - which will increase monthly - we also want his vehicle removed from our premises. The car, which is a classic car is worth a few grand, but obviously we are not in a position to sell it to recoup our losses as we do not have the log book. The SORN declaration expired in April. I am at a loss of what to do, save threaten him with legal action, but can't really afford a solicitor. The police say that they cannot do anything about it. Any ideas anyone?

TKPeters

Isatou wrote: »

Thanks for that. Perhaps someone can give me advise. We store caravans/cars on our farm and one of the owners of the cars has not paid any rent since last September. Up until last month we just had a mobile number for him but every time we phoned, our phones went staright to answerphone - he never replied to messages or texts that we left. Finally, we managed to get his address through the DVLA (cost £5) and have said that we will take him to the small claims court to recover rent owing - which will increase monthly - we also want his vehicle removed from our premises. The car, which is a classic car is worth a few grand, but obviously we are not in a position to sell it to recoup our losses as we do not have the log book. The SORN declaration expired in April. I am at a loss of what to do, save threaten him with legal action, but can't really afford a solicitor. The police say that they cannot do anything about it. Any ideas anyone?

We had a similar problem where a customer brought a old MK3 VW Golf in for repairs & a respray but couldn't afford to pay the bill.

We kept the car lock away & issued a civil claim against him & he decided that we could keep it & we sold it on eBay & told the new owner to apply for a V5 (£19) which was part of deal.

dmg24

MSE_Andrea wrote: »

What's it about?

A former Justice's Clerk has contacted us letting us know about a free site he's set up to help others. It's designed to give people a realistic idea of the sentences handed out for different crimes.

The website is The Online Court.

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Missed this one!

The site is very simplistic, and does not give the full range of penalties for offences. Also, it does not deal with situations when an offence can be dealt with under different measures.

Nice to look at for fun, but I would not rely on it for definitive information.

janaltus

Isatou wrote: »

The car, which is a classic car is worth a few grand, but obviously we are not in a position to sell it to recoup our losses as we do not have the log book.

I wonder ... what the market would be for this car if it was broken up for parts (log book not required) ??

brownbake

Isatou wrote: »

Thanks for that. Perhaps someone can give me advise. We store caravans/cars on our farm and one of the owners of the cars has not paid any rent since last September. Up until last month we just had a mobile number for him but every time we phoned, our phones went staright to answerphone - he never replied to messages or texts that we left. Finally, we managed to get his address through the DVLA (cost £5) and have said that we will take him to the small claims court to recover rent owing - which will increase monthly - we also want his vehicle removed from our premises. The car, which is a classic car is worth a few grand, but obviously we are not in a position to sell it to recoup our losses as we do not have the log book. The SORN declaration expired in April. I am at a loss of what to do, save threaten him with legal action, but can't really afford a solicitor. The police say that they cannot do anything about it. Any ideas anyone?

As the car is not taxed and therefore not insured if it were to have an accident, if a random campers fire accidentally caught the car on fire I wonder where you would stand then?!! In all honesty you'd probably be liable. I would contact the council as I think it is an abandoned untaxed car illegally occupying your land - then they could take it away and crush it!!!

brownbake

But I guess if it isn't on a public highway they wouldn't give a toss!! We reported someone who was parking outside our house with a tax disc 2 years out of date. They left a note on the windscreen and the owner replied with a note inside telling the council to phone their mobile!!!

You need legal advice I think.

XRAT

I went to moneyclaims on-line, for a claim of about £800.
The process was easy and cost £80 (on a sliding scale with regard to the size of claim) The cost is added to the claim.
It went to court. He failed to appear, I won by default.
He failed to pay.
I used the courts bailiffs, another £80 again added to the claim.
The bailiffs said he wasn't at the address.
I said he was, they returned and levied distress on the house which he said he was selling.
Apparently he sold it but didn't give them any money (there's a suprise!) They now have no address.
Conclusion: For me the small claims court was a waste of a further £160.

lewist

I had a quick look at this site and it seems to have no relevance to Scots law which is quite different from English law. Scots ignore!