Small Claims Directions Questionnaire - which court?

Supersonos · 7 September 2017 at 5:30PM

We're in the process of taking a internet trader to small claims court - they've refused a refund on faulty goods.

I have a couple of questions about the directions questionnaire:

1. Which court? We'd naturally like to choose a court near to us (Manchester area) but we assume the trader will choose one near them (East Sussex). How is the decision finally made?

2. Mediation - the trader is just being incredibly stubborn. We don't think mediation will make any difference and from what I've read, just elongates the process (and we really want our £1,800 back asap!), but if we tick no, the trader (who will get a copy of our questionnaire) can surely just tick yes and look like the good guy?

3. Roughly how long is it on average from this point to actually getting to court?

LadyDee · 7 September 2017 at 6:26PM

Quite a lot of useful information here:
https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/small-claims/#h-what-happens-next

Supersonos · 7 September 2017 at 6:40PM

LadyDee wrote: »

Quite a lot of useful information here:
]

Thanks. I've read that previously. I've read all sorts of sites and forums over the last couple of weeks but can't find any answers to those three specific questions.

Hoping someone with experience of the process will be able to help.

steampowered · 7 September 2017 at 7:11PM

Supersonos wrote: »

We're in the process of taking a internet trader to small claims court - they've refused a refund on faulty goods.

I have a couple of questions about the directions questionnaire:

1. Which court? We'd naturally like to choose a court near to us (Manchester area) but we assume the trader will choose one near them (East Sussex). How is the decision finally made?

Are you suing an individual or a company?

If you are suing an individual, he/she gets to choose.

If you are suing a company, you get to choose.

2. Mediation - the trader is just being incredibly stubborn. We don't think mediation will make any difference and from what I've read, just elongates the process (and we really want our £1,800 back asap!), but if we tick no, the trader (who will get a copy of our questionnaire) can surely just tick yes and look like the good guy?

Nobody cares if you tick the box or not.

You could tick yes in the box if you want. You might get some information about the small claims mediation service but it doesn't hold up the process.

3. Roughly how long is it on average from this point to actually getting to court?

It does depend how busy the relevant court is. Perhaps 6 weeks or so.

Supersonos · 8 September 2017 at 9:21AM

steampowered wrote: »

Are you suing an individual or a company?

If you are suing an individual, he/she gets to choose.

If you are suing a company, you get to choose.

Nobody cares if you tick the box or not.

You could tick yes in the box if you want. You might get some information about the small claims mediation service but it doesn't hold up the process.

It does depend how busy the relevant court is. Perhaps 6 weeks or so.

Thanks so much for this info - we want to get our questionnaire completed and sent off as soon as.

We're suing a company. It's good to hear they'll have to come to our court - Crowborough is such a long way from us and this company have been so unreasonable to date.

Small Claims Directions Questionnaire - which court?

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