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  • FIRST POST
    • MSE Amy
    • By MSE Amy 23rd Apr 13, 6:21 PM
    • 28Posts
    • 36Thanks
    MSE Amy
    Small Claims Court guide
    • #1
    • 23rd Apr 13, 6:21 PM
    Small Claims Court guide 23rd Apr 13 at 6:21 PM

    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; 18-09-2015 at 11:08 AM.
Page 2
    • arcon5
    • By arcon5 27th Apr 13, 9:08 PM
    • 13,684 Posts
    • 8,656 Thanks
    arcon5
    About 10 years ago i took a lanndlord to court for my 1500 deposit and won-never got a penny ??apparently no way to enforce so waste of time..or has this now changed and if so can i apply again?
    Originally posted by emmalloyds
    What enforcement action did you take? Should have been a few options open to you if he owns property!

    You're too late now. You had 6 years.
    • arcon5
    • By arcon5 27th Apr 13, 9:09 PM
    • 13,684 Posts
    • 8,656 Thanks
    arcon5
    Quick question to knowledgeable folk:

    Are you able to go down the small claims process to retrieve property?

    My dad is looking to sell his business and had leant a copy of his accounts to a potential buyer who is seriously dragging his heels in returning them.

    Just wanted to sound out the small claims route before involving solicitors.

    Many thanks.
    Originally posted by heartbroken
    Even if you was, doesn't stop the chap copying them. And if they are only copies, is it really worth pursuing? Was a NDA put in place?
    • arcon5
    • By arcon5 27th Apr 13, 9:13 PM
    • 13,684 Posts
    • 8,656 Thanks
    arcon5
    My claim ISN'T being defended

    Result!
    Not necessarily. A defendant can apply for the judgement to be struck out or re-heard.
  • tiggersfloridavilla
    default
    WE evicted tenants in July 12 they had 90 days to appeal against the claim to have "my deposits" pay their dilapidation deposit to us
    On the 5th Nov 12 they took out a small claim We were out of the country returning mid December to find by default I had a ccj against me
    We rang the courts who gave us very little help except to say apply for it to be set aside the hearing was today and despite having been ill from December with breast cancer and itr treatment still refused to set aside the ccj and made us the looser

    What can be done, and why do they not tell you whats going on properly
    even the tenant sent in his evidence and so did we when all that was needed was the clear explanation as to what was going to happen ie he would look at the dates ignore the evidence of my cancer and being abroad as mitigating circumstances.

    Is there a complaints proceedure
    Last edited by tiggersfloridavilla; 29-04-2013 at 1:30 PM.
    Tiggerbillbarbara09@sky.com
    • Equaliser123
    • By Equaliser123 29th Apr 13, 5:03 PM
    • 3,321 Posts
    • 2,485 Thanks
    Equaliser123
    Did you attend the hearing?

    Unfortunately, other than appealing the decision, there isn't much you can do.
  • tiggersfloridavilla
    Did you attend the hearing?

    Unfortunately, other than appealing the decision, there isn't much you can do.
    Originally posted by Equaliser123
    How do you appeal the decision my husband attended on my behalf but was told he couldn't even though I have been ill with breast cancer op ect and I am not recovered
    The judge disclosed medical
    information I marked confidential to the other side can I complain
    Tiggerbillbarbara09@sky.com
    • Equaliser123
    • By Equaliser123 30th Apr 13, 10:17 AM
    • 3,321 Posts
    • 2,485 Thanks
    Equaliser123
    Very difficult to appeal and, frankly, probably not worth it. You would need to demonstrate that the judge got it wrong on a point of law.

    Did you attend?

    I'm afraid that the way Courts work is that if you provide something for the judge to look at it, it is only fair that the other side see it as well. It is a rule of natural justice.
  • Luke1991
    Could anyone give me a bit of advice?

    I am looking to take my ex-partner to small claims court for a TV she purchased on my credit card account. Technically this wasn't fraud as it was done using a supplementary card on the account under her name. I have spoke to American Express, and I have spoken to the retailer who advise me to either speak to her (not going to happen), or to take it to a small claims court.

    I cancelled the card straight after she made the purchase but it had already been sent processed for shipping. I rang the retailer who managed to put a stop & return on the shipping order, and asked them to close the account. However my ex-partner rang them up straight after and resumed the shipping process without my knowledge. She also placed orders for several other things totalling over 1000. So far I have been refunded most of this money with the exception of one TV which was shipped to her for 303.99.

    Do you think I have a case for small claims court?
  • cornucopia55
    Claiming for return of an item, not money?
    Hi - I'd be grateful for any help. I want to take court action to recover something belonging to me. It was loaned to somebody under certain conditions which have not been fulfilled, so I want it back - but I want the item, not the monetary value. Unfortunately there was no written agreement. The value is about 1000. I have made efforts to resolve the situation, sent pre-action letters giving notice of my intention to take action and offering to go to mediation, but all to no avail.

    It looks to me like the courts now insist on an online application so I have a draft application on moneyclaimonline , but it all seems to refer just to money. Whenever I search for claiming for return of property or possessions, I can only find articles referring to rental properties and repossessions, ie of flats and houses!

    Does anyone know how I should start a claim for the return of my belongings? I did contact the MoneyClaimOnline helpline by email but they said they didn't know and to contact the CAB!!

    Many thanks for your help.
  • tiggersfloridavilla
    Very difficult to appeal and, frankly, probably not worth it. You would need to demonstrate that the judge got it wrong on a point of law.

    Did you attend?

    I'm afraid that the way Courts work is that if you provide something for the judge to look at it, it is only fair that the other side see it as well. It is a rule of natural justice.
    Originally posted by Equaliser123
    Can We counter claim as joint owners of the house as we had to spend far more than the deposit to put the house right

    What will they do if we don't pay after a week we have had nothing sent to us

    We have made a compliant against the judge he led the claimant as he agreed to "put aside" and the judge persuaded him to change his mind!!!!!
    Tiggerbillbarbara09@sky.com
    • Equaliser123
    • By Equaliser123 4th May 13, 11:22 AM
    • 3,321 Posts
    • 2,485 Thanks
    Equaliser123
    Can We counter claim as joint owners of the house as we had to spend far more than the deposit to put the house right

    What will they do if we don't pay after a week we have had nothing sent to us

    We have made a compliant against the judge he led the claimant as he agreed to "put aside" and the judge persuaded him to change his mind!!!!!
    Originally posted by tiggersfloridavilla
    You've still not said whether you attended or what the arguments were.

    Can't imagine your complaint is going to go far or endear yourself to the judge.
  • tiggersfloridavilla
    You've still not said whether you attended or what the arguments were.

    Can't imagine your complaint is going to go far or endear yourself to the judge.



    I did not attend I am not well enough just finished radio therapy the request to delay was turned down and the claimant as well as us thought it was a hearing and presented 208 pages of excuses around the rental contract which Your Move prepared for us. he has manipulated the contract taking only the bits that let him off the hook out of context
    The claimant agreed to set it aside by answering Yes twice and the judge talked him out of it

    What I don't get is the Agent was acting for us for the legal contract and previous tenants have kept the house and garden as they found it (fair wear & tear )why am I being sued
    Last edited by tiggersfloridavilla; 05-05-2013 at 8:52 AM.
    Tiggerbillbarbara09@sky.com
    • terryw
    • By terryw 5th May 13, 9:52 AM
    • 3,823 Posts
    • 5,983 Thanks
    terryw
    How do you know what was said at the hearing if you could't attend?
    Did you have representation (legal or otherwise) at the hearing?
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
    • Equaliser123
    • By Equaliser123 5th May 13, 12:15 PM
    • 3,321 Posts
    • 2,485 Thanks
    Equaliser123
    I didn't think you attended - hence why I asked 3 times.

    I've never known a set aside to be lost when the applicant attends and presents a decent argument. Did you write to the Court with your arguments?
    • maghater
    • By maghater 13th May 13, 9:37 AM
    • 334 Posts
    • 114 Thanks
    maghater
    I am about a month away from my court date over a mcol I filed against a large company. I have now receive an email from them admitting that they had provided me with false information, around which I had built a large part of my case. They are still denying my claim. I have written to the court crying foul, any more help
    • Naresh
    • By Naresh 17th May 13, 11:55 AM
    • 31 Posts
    • 0 Thanks
    Naresh
    Royal Mail / Post Office Counters
    Hi,
    I posted a package on 23rd Jan 2013 via Airsure with extra insurance to Portugal.
    I asked the counter staff if the bottle of perfume would arrive in time for Valentines day. They specifically said that it would arrive in time.
    When I chased up customer services they said the bottle would be retuned to me.
    I subsequently found out that it has now been destroyed.
    I have been through 5 levels of appeals to the post office including the final level of writing to the Chairman of the Royal Mail Group.
    All 5 appeals for the documented value of 69.99 have been rejected. Even the refund postage of 17.06 for an undelivered package has been rejected.
    Are RMG / Post Office Counters exempt from Small claims court by "Exclusion of liability" ?


    ombudsman-style scheme Postal Redress Service(POSTRS) have said they do not cover Royal Mail Airsure.
    Mr. Donald Brydon CBE
    Royal Mail Group Chairman
    has said that I should seek legal advice
    I cannot afford legal advice as there is no cap to the costs when going up against the unfairness of a giant corporation.
    can anyone help ?


    Can I claim on the insurance that I purchased with the Airsure service as there is no information anywhere on the royal mail or post office web site.


    Kind Regards and Best Wishes


    Please, can any one help ?
    • custardy
    • By custardy 17th May 13, 12:37 PM
    • 35,244 Posts
    • 29,931 Thanks
    custardy
    Hi,
    I posted a package on 23rd Jan 2013 via Airsure with extra insurance to Portugal.
    I asked the counter staff if the bottle of perfume would arrive in time for Valentines day. They specifically said that it would arrive in time.
    When I chased up customer services they said the bottle would be retuned to me.
    I subsequently found out that it has now been destroyed.
    I have been through 5 levels of appeals to the post office including the final level of writing to the Chairman of the Royal Mail Group.
    All 5 appeals for the documented value of 69.99 have been rejected. Even the refund postage of 17.06 for an undelivered package has been rejected.
    Are RMG / Post Office Counters exempt from Small claims court by "Exclusion of liability" ?


    ombudsman-style scheme Postal Redress Service(POSTRS) have said they do not cover Royal Mail Airsure.
    Mr. Donald Brydon CBE
    Royal Mail Group Chairman
    has said that I should seek legal advice
    I cannot afford legal advice as there is no cap to the costs when going up against the unfairness of a giant corporation.
    can anyone help ?


    Can I claim on the insurance that I purchased with the Airsure service as there is no information anywhere on the royal mail or post office web site.


    Kind Regards and Best Wishes


    Please, can any one help ?
    Originally posted by Naresh

    There is no point posting the same question multiple times
    • Naresh
    • By Naresh 17th May 13, 3:38 PM
    • 31 Posts
    • 0 Thanks
    Naresh
    Can I take the Post Office to small claims court for destruction of my property ?
    • terryw
    • By terryw 17th May 13, 3:42 PM
    • 3,823 Posts
    • 5,983 Thanks
    terryw
    Anyone can take anyone to the court. If you will win your case is another question.
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
    • Naresh
    • By Naresh 17th May 13, 3:51 PM
    • 31 Posts
    • 0 Thanks
    Naresh
    Anyone can take anyone to the court. If you will win your case is another question.
    Originally posted by terryw
    Are RMG / Post Office Counters exempt from Small claims court by "Exclusion of liability" ?
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