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  • FIRST POST
    • MSE Amy
    • By MSE Amy 23rd Apr 13, 6:25 PM
    • 28Posts
    • 36Thanks
    MSE Amy
    Small claims court successes
    • #1
    • 23rd Apr 13, 6:25 PM
    Small claims court successes 23rd Apr 13 at 6:25 PM
    Hi!

    This is the discussion thread for the


    Click reply below to discuss. If you haven’t already, join the forum to reply. If you aren’t sure how it all works, read our New to Forum? Intro Guide.
    Last edited by MSE Amy; 23-04-2013 at 7:36 PM.
Page 1
  • commonsenseParty
    • #2
    • 29th Apr 13, 5:44 PM
    Small Claims in the County Court
    • #2
    • 29th Apr 13, 5:44 PM
    I have recently been successful in a Small Claim in the County Court with the Judge ordering the Defendant to pay me by 5th April. He has not paid to date. The amount is just under 100. The options for me are to commence enforcement proceedings which will cost a minimum of 100 with no guarantee that I will recover any costs or indeed the original debt. The case has taken just under a year to come to Court and I am reluctant to spend more time and money. I had thought that at least the Defendant would have this Order entered on the Register of Judgements, Orders and Fines. No so apparently - unless and until I commence enforcement proceedings the Order is not put on the Register. So, all a Defendant has to do is to ignore the Court Order and gamble on the Claimant not pursuing enforcement proceedings (particularly as the amount of money is comparatively small) and nobody will ever know that he had a Judgement against him. How can this be? I have written to Chris Grayling and my MP to raise the matter.
    • Sponge
    • By Sponge 29th Apr 13, 8:17 PM
    • 826 Posts
    • 296 Thanks
    Sponge
    • #3
    • 29th Apr 13, 8:17 PM
    I won, but got nothing.
    • #3
    • 29th Apr 13, 8:17 PM
    Several years ago I took an old housemate to court as he left without paying his share of the phone bill. I won the case and he was ordered to pay back approx. 120, at 5 per month.

    I received one payment, by cheque, which bounced. I didn't receive any further payments.

    Like the above poster, it was going to cost me more money to enforce the payments and I opted not to and move on my life.
    You can tell someone what they need to know without being an Equus africanus asinus at the same time.
  • cairon
    • #4
    • 16th Oct 13, 2:18 PM
    small claims question
    • #4
    • 16th Oct 13, 2:18 PM
    My partner wants to take her ex to court via small claims for a debt of 3500 but the only information she has is his work address - its the MOD so would that be enough to put a small claim in or she going to need his address and how would we get that as he isn't on the electoral role right now.

    Any help or advice most welcome.
    • Quentin
    • By Quentin 16th Oct 13, 2:34 PM
    • 40,482 Posts
    • 24,549 Thanks
    Quentin
    • #5
    • 16th Oct 13, 2:34 PM
    • #5
    • 16th Oct 13, 2:34 PM
    No, she will be wasting her money putting his work address.

    You must use a residential address for an individual.

    (She also needs to follow the pre action protocols, which presumably she hasn't)
  • SWManchester
    • #6
    • 10th Jan 14, 4:11 PM
    Manchester Professional - James Garner
    • #6
    • 10th Jan 14, 4:11 PM
    You need to be very careful of this company which does unsolicited calls asking you to join a number of groups that it operates in Manchester and over the country.

    They call you up and offer you a listing in their directory and then say you will get lots of business. They agree to meet you and in my case I visited their offices at
    Net Trading Solutions Ltd

    Enterprise House
    Manchester Science Park
    Lloyd Street North
    Manchester
    England
    M15 6SE

    They say you can join at varying fee rates and that there is no-obligation and you can cancel in 24 hours and then when you think about it and want to cancel then they sue you for thousands of pounds. Be very carefful of these people as it is high pressure sales.
    One of the main guys is called James Garner and he signed me up under pressure then would not let me cancel!!!!

    He is now sueing me even though I am not even qualified to get Job Seeker Allowance. What can I do? Please help!!!!!
    • wealdroam
    • By wealdroam 10th Jan 14, 4:23 PM
    • 18,662 Posts
    • 15,598 Thanks
    wealdroam
    • #7
    • 10th Jan 14, 4:23 PM
    • #7
    • 10th Jan 14, 4:23 PM
    < snip most of it >

    He is now sueing me even though I am not even qualified to get Job Seeker Allowance. What can I do? Please help!!!!!
    Originally posted by SWManchester
    The first thing you should do it re-read the first post on this thread.

    The bit where it says:
    This is the discussion thread for the

    Originally posted by MSE Amy
    The next thing to do is start your own thread.
    • bod1467
    • By bod1467 10th Jan 14, 5:19 PM
    • 14,794 Posts
    • 13,463 Thanks
    bod1467
    • #8
    • 10th Jan 14, 5:19 PM
    • #8
    • 10th Jan 14, 5:19 PM
    He (she?) already has.

    http://forums.moneysavingexpert.com/showthread.php?t=4864920
  • rs746
    • #9
    • 1st Feb 14, 2:33 PM
    Mechanics Garage Dispute on Work done on a classic car
    • #9
    • 1st Feb 14, 2:33 PM
    Hi all,

    I'm looking for some advice regarding works done on my MK1 VW Caddy. If anyone could help I'd be very grateful. My question is, has the garage behaved unlawfully in progressively invoicing me more and more money to do a job that was originally quoted at a much lesser price. So as to abbreviate the timeline of events, all details are below in bullet points. So as not to cloud judgement, I have left out my emotions along the way- simply the facts.

    -July 2013 car taken to garage. Found substantial corrosion to the underside of the car concealed by sealant from previous owner. Quoted 1600 for work to be done [I made it very clear that this was a huge amount of money for me and since I had already invested 1800 in the car + insurance/ road tax etc decided to go ahead with works]. Informed that without the work the car is worth scrap prices due to the damage, with the work it will be worth 2500-3000 which with research I would agree with. Weighing up the numbers I decided to go ahead with the work.

    - Removed all sealant advised that 1600 was now due to be paid for work and next quote was 2500 to repair all damage. [1600 already in I again made a tough decision to do the work]. Inform him that I will be required to take a credit card out to meet the payments. Very clear that I was struggling to afford this.

    -Phonecall to say that one side of car had been repaired, 2500 required now and now total job would cost 3100. Again, reluctant payment.

    -Asked to go down to garage to be informed that all work was now complete and now a further 2000 was required on top of 3100 for work that already been completed.

    I told him that this was just not possible and he reduced cost to 880 as a 'gesture of good will'. I have informed him of my mistrust and unhappiness and to please reconsider the payment. He has refused this and threatened debt collectors to get funds. In order to retrieve the car I have said that I will 'pay under protest' and seek refund of 880 through the courts.

    In terms of a legal case, I would like to know if any of this has been unlawful?

    -I feel there has been an extortion of money by drip feeding the costs of the work (if been aware at the start that work could cost between 1600-5000 I would not have taken the risk.

    -I did not give permission for the work to be done after 2500, work was completed and I was only informed afterwards that I now owed money.

    -He claims that with these cars it is difficult to put a cost on this type of work until you can see the whole picture of corrosion. While I understand this. At the 2500 mark he had removed all corroded metal on whole underside of the car so surely knew exactly what work was required as he could see all damage- why then did he only charge 3100 at this stage.

    Any help anyone can give me I would be much appreciated.

    rs746
    • bod1467
    • By bod1467 1st Feb 14, 3:14 PM
    • 14,794 Posts
    • 13,463 Thanks
    bod1467
    I've not read your post. Are you commenting about a Small Claims Court success? If not why have you posted in THIS thread instead of starting your OWN NEW thread?
    • MrHelpful
    • By MrHelpful 7th Oct 14, 9:48 PM
    • 170 Posts
    • 53 Thanks
    MrHelpful
    Help - Urgent Advice Needed
    We were having our garden landscaped at a considerable cost of 15,000 (yes Fifteen Thousand Pounds) for a big project. To cut a long story short we had a set works/payment schedule but now probably 50% into the job and the landscaper just getting the third installment (10,500) has he stop doing any work. He isn't willing to finish the works unless he can use cheaper material but not lower the price. He has now even stopped contact! I've written a letter before action and will take him to small claim court but what do I put in when money was owed? what am I suppose to put here? should it be date of schedule completion ... I have had someone quote to finish the job and they have said 9,500! making a total outlay of 20,000 and me being out of pocket by another 5,000. I am at my wits end as we are living in the middle of a building site and I can only cry to see this landscape gardener had absolute no morals. Words cannot describe the devastation he has caused.
    Last edited by MrHelpful; 07-10-2014 at 9:50 PM. Reason: additional info
    • wealdroam
    • By wealdroam 7th Oct 14, 9:55 PM
    • 18,662 Posts
    • 15,598 Thanks
    wealdroam
    MrHelpful, have a read of the post immediately above yours.

    The one which says:
    I've not read your post. Are you commenting about a Small Claims Court success? If not why have you posted in THIS thread instead of starting your OWN NEW thread?
    Originally posted by bod1467
    • MrHelpful
    • By MrHelpful 8th Oct 14, 8:08 AM
    • 170 Posts
    • 53 Thanks
    MrHelpful
    Oops will move to new thread... sorry
  • PJKC
    small claims court
    let down badly by an on line retailer. The TV I purchased broke down after 13 months. retailer refused to comply with the sale of goods act. Went to court and found in my favour. retailer refused to pay. Then had to pay for bailiffs to enforce the judgement.In the meantime the retailer appealed.The appeal was thrown out as they had no grounds to appeal on. Then the bailiffs ( who never updated me, never replied to phone calls or emails) contacted me to say the retailer ceased trading. This was blatantly not true ie appealed the case and still registered at company's house.The bailiffs would only take further action if I paid for another enforcement action.At this point called it a day. In my experience a small claims court has no teeth and a rogue trader will just ignore it.As usual the man in the street loses out while rogue traders are free to stick two fingers up to the courts. If I failed to pay my council tax or parking charge etc bet I would be taken to court and forced to pay.Would not bother again unless the small claims courts are given more teeth to enforce their decisions.
  • MagicWand
    Health Club Membership
    Has anyone had a small claims success against a health club regarding penalties for failing to give 3 months termination notice on a year long contract?
  • k.kendall2
    Can I just ask a question, if its a company and you know the owners name do you put the claim against the company or the owners name trading as the company name.


    Your help would be much appreciated on this one.


    Thanks
    • Foolah
    • By Foolah 7th Jun 15, 1:12 PM
    • 54 Posts
    • 4 Thanks
    Foolah
    I want to take a company to court regarding a Data Protection Breach, but there is a fee of 410 t do this and it is only payable upfront. Is there not another way of doing it?
    • tomtontom
    • By tomtontom 7th Jun 15, 1:17 PM
    • 7,184 Posts
    • 16,347 Thanks
    tomtontom
    I want to take a company to court regarding a Data Protection Breach, but there is a fee of 410 t do this and it is only payable upfront. Is there not another way of doing it?
    Originally posted by Foolah
    If you are not eligible for a fee remission then no, there is not another way of doing it. Are you confident of your case, do you have a provable loss?
    • fifitrix123
    • By fifitrix123 14th Oct 15, 12:49 PM
    • 341 Posts
    • 141 Thanks
    fifitrix123
    I have recently been successful in a Small Claim in the County Court with the Judge ordering the Defendant to pay me by 5th April. He has not paid to date. The amount is just under 100. The options for me are to commence enforcement proceedings which will cost a minimum of 100 with no guarantee that I will recover any costs or indeed the original debt. The case has taken just under a year to come to Court and I am reluctant to spend more time and money. I had thought that at least the Defendant would have this Order entered on the Register of Judgements, Orders and Fines. No so apparently - unless and until I commence enforcement proceedings the Order is not put on the Register. So, all a Defendant has to do is to ignore the Court Order and gamble on the Claimant not pursuing enforcement proceedings (particularly as the amount of money is comparatively small) and nobody will ever know that he had a Judgement against him. How can this be? I have written to Chris Grayling and my MP to raise the matter.
    Originally posted by commonsenseParty
    Hi
    I have also won a case and been told to apply for a warrant but I took the company to court, not the individual name so could I apply for the warrant in the Individuals Name as I also have his home address so easy for the baliffs to chase him.
    I would be so angry too if now I had won the case he got out of paying yet I don't think he went bankrupt or anything he just ceased trading. He was known as SW furniture world T/As Suites Direct so I am told I could pursue him individually but no one knows for sure?
    • arcon5
    • By arcon5 14th Oct 15, 7:51 PM
    • 13,679 Posts
    • 8,656 Thanks
    arcon5
    Hi
    I have also won a case and been told to apply for a warrant but I took the company to court, not the individual name so could I apply for the warrant in the Individuals Name as I also have his home address so easy for the baliffs to chase him.
    I would be so angry too if now I had won the case he got out of paying yet I don't think he went bankrupt or anything he just ceased trading. He was known as SW furniture world T/As Suites Direct so I am told I could pursue him individually but no one knows for sure?
    Originally posted by fifitrix123

    If he was Ltd then no you can't chase him personally.
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