Small Claims Court guide

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Comments

  • What expenses can someone claim for? and examples

    thanks
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Name Dropper First Post First Anniversary
    Yes I have put the claim into my insurance. I do not have legal cover.
    I've never put a claim in insurance before and stupidly tried to keep it cheap.
    The money they gave me is nowhere near enough to fix the wall but I have accepted it. I just wondered if I could claim my excess but I will
    Phone my insurance again to see if they have recovered it for me.
    I am just annoyed that I had to put a claim in when I obviously was not at fault, but that's what I get for trying to keep my cost down.
    Thank you for your guidance.

    Insurers sometimes do seem to forget to reclaim the excess (mine did with my last claim) so hopefully a call should be sufficient to prod them into action. If they still mess you around then appealing to the ombudsman might be an easier route than the small claims court.
  • Thank you so much for your kind reply. I will try this :T
  • Hi, I have been told spectacles are a medical product so are not covered by the sale of goods act, thus not entitled to refund.

    ?
  • chrishill16
    chrishill16 Posts: 30 Forumite
    First Post First Anniversary Combo Breaker
    Hi. I'm incredibly frustrated and stressed out - hoping some of you kind folks can give me some advice please.

    Up until recently I parked my car in my allocated parking space in an underground car park, below the flat that I lived in. For one reason or another the space above mine in the multi-storey became full of water. This water dripped down through the ceiling and was dripping on my car in the exact same spot for a couple of weeks - I'd just had surgery and was unable to drive, so the car didn't move.

    When I was able to drive again I returned to my car to notice the dripping water, which had corroded some of the paint on my car. Took it to Audi and they quoted me £1,500 to have it repaired.

    I complained to the building management company but they're insisting it's not their problem. My argument as you might expect, is that it is entirely their problem as their building was leaking and has damaged my paint.

    I'm dealing with their insurance company at the moment and they are having trouble getting a response from their client. I advised them that I'm at the end of my tether and ready to go to court over this. It has been dragging on for a few months now, and the damage is potentially getting worse.

    I have photographs of the damage as well as the leaking ceiling and the space above mine being full of water. When I complained initially to the building manager he was dismissive and to be frank, a bit of an !!!!. At no point did they offer me another parking space while the leak was investigated.

    Just wondering if taking them to court is the solution to this? I don't want to claim on my own insurance for something that wasn't my fault, and the attitude of their staff has made me determined to get them to pay up. Or at least try to.

    I feel pretty strongly about this but I'm determined not to let my feelings get the better of me, so I'm after some rational advise about whether to go down the small claims route please. I don't know what my chances are to be honest but I'm happy to take a punt and risk losing the court fees. I have concerns about paying their legal fees and expenses should they decide to defend themselves and win though.

    Any rational and logical advice would be much appreciated please.

    Thank you very much!
  • wealdroam
    wealdroam Posts: 19,181 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    Hi. I'm incredibly frustrated and stressed out - hoping some of you kind folks can give me some advice please.

    Up until recently I parked my car...

    <snip the rest>
    This thread is here specifically to discuss the MSE article mentioned in the opening post.

    You would be better starting a new thread in either the Motoring Board or the Insurance Board.
  • chrishill16
    chrishill16 Posts: 30 Forumite
    First Post First Anniversary Combo Breaker
    wealdroam wrote: »
    This thread is here specifically to discuss the MSE article mentioned in the opening post.

    You would be better starting a new thread in either the Motoring Board or the Insurance Board.

    Apologies, will do.

    Thanks
  • Hello

    I hope someone can help me regarding my treatment by Money Claims Online.

    I'm a self employed Interior Designer- I needed a carpenter to complete some work on my behalf for a client I was employed by. The short version of this is: the carpenter quoted for the job, together we worked out the costing and he submitted an invoice to the client for the cost of the materials. He received the money and over a period of several months was 'working on the project' in his workshop and promising an installation date. He was very convincing and strung us along, then kept putting the date back. Eventually he quit admitting her hadn't done the work and stated in texts and emails he would return the money. Obviously he hasn't done that.

    I made my claim online on behalf of the clients who were not happy the delays and the subsequent cost to them to get the work done. I felt I was unable to a: charge them for my services and b: the £70 for the claim. I stated the home address as the one on the invoice the carpenter submitted.

    5/6 weeks later the claim was returned to me opened and someone had written 'never lived at this address'. MCOL then said there was nothing more that could be done.

    I contacted them via telephone as I had found another address when i googled his phone number. He had since been removed from MyBuilder.com for previous bad conduct (nothing to do with me) and had no other details online. I was advised that as I had an alternative address for him that they had put my claim on hold so it wouldn't time out. I filled out the form again with the new address and posted it.

    5/6 weeks later it was returned to me saying it had 'timed out' and to pay a further fee to continue.

    I called them to explain that I had been advised to resend as it had been put on hold by a member of staff previously. They then took a week to listen back to the phone calls and confirm that the claim HAD NOT been put on hold as advised. They then called to tell me that it was their mistake and to post it off again.

    Which I did.

    5/6 weeks later it was returned to me. The claim had timed out again.

    I called them again and asked to speak to someone in charge as my faith in this company, to do the job it claimed it was there to do, was understandably no-more. This took several attempts as they repeatedly say they'll do things and they dont. I called again a few days later as no-one had made contact. They said they would sort that out.

    Whilst I was on another call- someone from management left a voicemail saying "the mistake was their s and to send the claim off again. This neither answered my questions nor allayed my fears about their repeatedly incompetence. I then had to call back to ask that person to call me again and have an actual conversation with me. Each call takes min 20 mins to got through.

    Eventually a 'manager' called, he apologised and said the claim woulld be personally pushed through by himself. I asked for him to email me- detailing all the mistakes they'd made and the timeline. I received a 1 line email admitting to their mistakes. I wanted this to show they clients that due to the fact the whole process had taken 6 months thus far. The one line email was not what I was looking for.

    I sent the claim off AGAIN and 2 weeks later emailed the manager to check he'd received the claim, as i had personally addressed it for his special attention, and see where it was at. I never received an email back.

    i called them again- they said they'd never received the form.

    I asked them to send me a new form and to get the manager to call me. The manager hasn't called.

    I have since received a standard email, " i see that you recently contacted MCOL help desk, I now trust your query has been resolved'

    MY MIND IS BLOWN!!!!!!!!

    How can these people charge for this 'service'?

    Someone please help. I am being shafted from 3 different angles. I'm thoroughly exhausted by the whole process.
  • wealdroam
    wealdroam Posts: 19,181 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    MissJayBee wrote: »
    Hello

    I hope someone can help me regarding my treatment by Money Claims Online.

    <snip the rest>
    Hi, welcome to the forums.

    Please take a moment to read the post two up from yours.

    This thread is here specifically to discuss the MSE article mentioned in the opening post.

    You would be better starting a new thread.

    Having said that, your issue is not about consumer rights. As a business to business arrangement, you are pretty much totally reliant on the terms of your contract with the carpenter.
  • quaybab
    quaybab Posts: 115 Forumite
    First Anniversary Combo Breaker First Post
    MissJayBee wrote: »
    Hello

    I hope someone can help me regarding my treatment by Money Claims Online.

    I asume this is HMCTS Money Claim Online and not Money Claims Online.
    If so, looks like you need EX343. Also take a look at https://www.whatdotheyknow.com/request/offers_of_compensation_in_ex343
    In my experince, if you have to call HMCTS mcol/ccbc, your claim is not going to go well as the staff just make stuff up.
    Can't comment on the viablity of your claim but I'd suggest anyone suing a cowboy builder would probably need to serve the N1 claim form personaly (there is a check box to do this on mcol), with proof via a video of service.
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