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Course Issues - Small Claims Court

Hi, im probably putting this in the wrong place so I apologise if I am!


I recently put up a thread about a course that was as advertised and have now taken the person to the small claims court, he is still refusing to speak to me about a refund and is insisting that even though he had the claim form on the 8th April and had to respond by today (23rd) that he will have his day in court and I will have to wait until the 14th May when he speaks to his legal adviser?



Im now totally fed up with his stalling/attitude and want to ask the court to issue the CCJ now, can I claim interest and/or expenses and if so where can I get advice on how much etc?



Many thanks.
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Comments

  • Exodi
    Exodi Posts: 4,230 Forumite
    Eighth Anniversary 1,000 Posts Cashback Cashier Chutzpah Haggler
    If he intends to seek legal advise, you should too.

    All the information regarding court claims for money are available through the government website, I encourage you to read thoroughly before deciding on your next course of action.

    https://www.gov.uk/make-court-claim-for-money
    Know what you don't
  • Lillymae
    Lillymae Posts: 79 Forumite
    10 Posts First Anniversary
    Thank you, he has continually threatened me since I complained about the course but has done nothing!
    I have proof from Habia and Advertising Standards that he is falsely advertising the course.



    I'm allowed to ask the Court to issue the CCJ from today, should I not do that?



    To be honest I think he is stalling as he seems good at that!
  • I would also try posting on the consumer action group site, general legal issues. They're good on legal procedures if doing it yourself.


    https://www.consumeractiongroup.co.uk/forum/305-general-legal-issues/
  • TELLIT01
    TELLIT01 Posts: 18,254 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    I would have thought that if you have taken it to the small claims court you have to wait for the court to do its bit. Although there are dates by which a response must be provided does that automatically mean that the case will be heard on that date?
  • TELLIT01 wrote: »
    I would have thought that if you have taken it to the small claims court you have to wait for the court to do its bit. Although there are dates by which a response must be provided does that automatically mean that the case will be heard on that date?


    The OP's not been terribly clear. AIUI, if the OP has filed a claim the defendant has a specific timeframe within which to file an acknowledgement of service (of the claim) and to file a defence. If not done by the defendant the OP can ask the court for a default judgement that they can enforce. (Unfortunately the courts sometimes give the defendant a time extension, but I don't think waiting for legal advice is a particularly good reason - but I may be wrong.)


    This of course assumes the OP has filed their claim etc correctly.


    I'd go to consumer action group for advice on this.


    Enforcing any judgement may be a different issue as I seem to recall the defendant is not based in UK. (May be mistaken there.)
  • for continuity.

    Lillymae wrote: »
    Hi,
    I recently saved up and took a privately run course to retrain and am massively disappointed!

    The course wasn’t cheap and was advertised that I would learn a number of things, in fact I was only taught about 1/4 and I was also told that I would be getting a kit and that wasn’t complete either.

    The man running the course spent most of his time on the phone arguing with people or on his laptop!

    Have I got any way of getting some of my money back or is it just bad luck?

    Thank you.
  • Lillymae
    Lillymae Posts: 79 Forumite
    10 Posts First Anniversary
    Sorry if I wasnt clear.


    I have already put a claim in with the Small Claims Court and the papers were served to him on the 9th April, giving him until the 23rd to respond.



    He is still maintaining that the course is as advertised, even though I have the backing of both Habia and the Advertising Standards and he is being investigated by Trading Standards, he continually tells me he is going to defend himself (but doesnt respond to the court), and that he is going to sue me but its always at a later date.



    He doesnt seem to live anywhere full time but has a PO Box address and his business in the UK.



    I will ask for advice on the Consumer Action Group, thank you.
  • marlot
    marlot Posts: 4,976 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Lillymae wrote: »
    ...
    He doesnt seem to live anywhere full time but has a PO Box address and his business in the UK.
    ....
    It might be tricky to enforce judgement if/when he fails to pay up.


    Are you suing him personally, or his company [if he has one]?
  • CityLite
    CityLite Posts: 57 Forumite
    Lillymae wrote: »
    Thank you, he has continually threatened me since I complained about the course but has done nothing!...

    In what way has he threatened you?
    If this is a criminal act, you should contact the police with your evidence.

    As for small claims action, that is quite an easy process and if you don't understand, then the links given above by others explains what you need to know.
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