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Small Claims Court guide - Page 49

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Small Claims Court guide

edited 18 September 2015 at 11:08AM in Consumer Rights
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  • I had a major house extension done within the last 3 years but both bathrooms had floor tiles that lifted and subsequently water damaged the floors. The builder refused to accept liability. An independant report is clear the job was not done correctly. The builderr now says his company has ceased trading (bubt is still active on companies house). He has set up a new company.
    I had to have all the work repaired and he will not pay and now has told me no point suing him as not trading.
    Can i sue his other company or is there a way to get my money back. Its around 15k.:money::money::money:
  • DeastonsDeastons Forumite
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    I had a major house extension done within the last 3 years but both bathrooms had floor tiles that lifted and subsequently water damaged the floors. The builder refused to accept liability. An independant report is clear the job was not done correctly. The builderr now says his company has ceased trading (bubt is still active on companies house). He has set up a new company.
    I had to have all the work repaired and he will not pay and now has told me no point suing him as not trading.
    Can i sue his other company or is there a way to get my money back. Its around 15k.:money::money::money:

    I'm guessing it was a limited company that did the work/that you paid. If so, that's who you would have to sue. But just because his company is no longer trading doesn't mean the courts couldn't go after the assets of the company or the assets of the director.

    You won't get £15k back. You'd have to rectify the situation and then sue him for the costs.

    Did his work come with any guarantee?
  • Can I make a claim against an employer?
    I work via an agency, was offered a certain rate an hour, they put it through an umbrella company'at a higher rate', but my pay is actually 10% less than the agreed rate
  • I've been issued with a County Court Claim for a figure of £1500, i accept I am part liable for costs for a service received, my contribution being about £650. But The claimant is also passing on his solicitors fee to me, there has been no previous indication that I'm liable for those costs. From the outset of his initial claim (via a solicitors letter) I have maintained I'm happy to pay but not his solicitors fees. I dont want to find my own solicitor and run up costs, Ive done nothing wrong. What do I do, let him take me to court and hope the judge will agree with me?
  • Hi- I have received a letter before claim from solicitors acting on behalf of Y and Y management who manage a block of flats of which I own 1 and rent it out. I have had the flat for 4 years and never received any invoices, despite contacting Y and Y last October 3 times (no reply to my messages). I have heard of at least one other flat owner having the same issue. I have now had a Letter of Claim for £21k! and have again tried to contact Y and Y to obtain invoices - they say all correspondence must now go through the solicitor. I have emailed the solicitor (they refuse to discuss matters on the phone), but as yet received no response. Surely there can be no debt without an invoice???Not sure what my next step should be. Any advice would be appreciated!
  • waamowaamo Forumite
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    For £21k see a solicitor. That is outside the limit for a small claim by some margin.

    If this goes to court then the loser could very well be stumped with all the legal costs for both sides too. That can be eye watering.

    You need this dealt with professionally as the potential costs could be enough to cause significant hardship.
    This space for hire.
  • Hi,

    I am currently filling a case against a car dealer who has refused to refund me my full amount under the consumer rights act following rejection of a faulty car within 30 days. I was wondering if anyone know what happens if after filing the claim we decide to use the mediation service offered by the court. Would the initial application fee be refunded to me if we use the service, and if not, who bears the cost of the fee if mediator rules in my favour? would it still be me or the dealer. Finally was wondering if you can claim other lost costs like road tax, insurance cancellation fee and mileage for car return when filing the claim?

    Thanks
  • waamowaamo Forumite
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    Hi,

    I am currently filling a case against a car dealer who has refused to refund me my full amount under the consumer rights act following rejection of a faulty car within 30 days. I was wondering if anyone know what happens if after filing the claim we decide to use the mediation service offered by the court. Would the initial application fee be refunded to me if we use the service, and if not, who bears the cost of the fee if mediator rules in my favour? would it still be me or the dealer. Finally was wondering if you can claim other lost costs like road tax, insurance cancellation fee and mileage for car return when filing the claim?

    Thanks

    Mediation doesn't apportion blame or costs. It's negotiation not a hearing so you decide between you what figure you come to.

    If you can't come to an agreement then all negotiations are confidential and won't be known to the judge.
    This space for hire.
  • Thanks waamo,

    If you do come to an agreement at mediation, does it then mean the court application fee gets reimbursed to the claimant as you don't end up going to court?
  • waamowaamo Forumite
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    Thanks waamo,

    If you do come to an agreement at mediation, does it then mean the court application fee gets reimbursed to the claimant as you don't end up going to court?

    There are two fees when applying for a claim. There is an application fee just to put the paperwork in. AIUI this would not be refunded as the work to process the application has been done. Part of that work is arranging mediation.

    There is also a hearing fee paid later to progress the claim to a hearing and pay for that hearing. That would no longer need to be paid.

    You can negotiate in mediation that the dealer also refunds your application fee if you wish. Negotiations are up to you and what you are prepared to settle for.
    This space for hire.
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