Small Claims Court guide
Comments
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heartbroken wrote: »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.
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?0 -
My claim ISN'T being defended
Result!
Not necessarily. A defendant can apply for the judgement to be struck out or re-heard.0 -
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 proceedureTigger:jbillbarbara09@sky.com:grouphug:0 -
Did you attend the hearing?
Unfortunately, other than appealing the decision, there isn't much you can do.0 -
Equaliser123 wrote: »Did you attend the hearing?
Unfortunately, other than appealing the decision, there isn't much you can do.
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 complainTigger:jbillbarbara09@sky.com:grouphug:0 -
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.0 -
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?0 -
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.0 -
Equaliser123 wrote: »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.
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!!!!!Tigger:jbillbarbara09@sky.com:grouphug:0 -
tiggersfloridavilla wrote: »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!!!!!
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.0
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