Small Claims Court guide

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  • sevenstar
    sevenstar Posts: 2 Newbie
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    I'm currently pursuing a small claims track claim against an online appliances store. I am not a qualified lawyer. Here are 2 small things that have helped me so far.

    (1) I would recommend everyone to read and to follow the Pre-Action Protocol as set out in the Practice Directions from the Ministry of Justice. As I'm a new user, I can't paste the link to the MoJ website here, which is frustrating. The Directions are    [FONT=&quot] pretty common-sense stuff. There are sanctions for non-compliance, although the court will look at the effect on the other party of the non-compliance before imposing sanctions - see Sections 4.5 and 4.6. If parties don't comply, the court can stay proceedings (i.e. put the action on hold), make an unfavourable costs award (including on an indemnity basis) or award interest at a lower or higher rate.

    (2) A handy step-by-step guide can be found in a book called "Small Claims Procedure in the County Court" by Patricia Pearl & Andrew Goodman (published by Wildy, Simmonds & Hill, 5th edition, 2010). I have no connection with the authors or publisher or any financial interest in recommending it.
    [/FONT]
  • bod1467
    bod1467 Posts: 15,214 Forumite
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    sevenstar wrote: »
    (1) I would recommend everyone to read and to follow the Pre-Action Protocol as set out in the Practice Directions from the Ministry of Justice. As I'm a new user, I can't paste the link to the MoJ website here, which is frustrating

    http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct ???
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
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    sevenstar wrote: »
    I[FONT=&quot]If parties don't comply, the court can stay proceedings (i.e. put the action on hold), make an unfavourable costs award (including on an indemnity basis) or award interest at a lower or higher rate.

    [/FONT]

    All extremely unlikely on the small claims track.
  • Nil_Desperandum
    Nil_Desperandum Posts: 16 Forumite
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    I took a garage to small claims about 10 years ago ... they defended, but failed to turn up on the day and I won full award and was paid. That was a pretty clear cut case.

    I'm currently taking Vauxhall to small claims over stolen spare wheel. They have assigned solicitors and are defending fairly vigorously. There was a 2005 BBC Watchdog programme covering this where they made a statement etc, but I'm really struggling to get the info from the BBC. If anyone has a link/could help get the info, that would be much appreciated.

    Process this time has been a little painful, perhaps because they are defending vigorously and it's a tad more complicated...

    Not for the light-hearted, but not too difficult either.
    Use other peoples ideas as your starting point - always do your own research - it's your money! ;)
  • keyser666
    keyser666 Posts: 2,140 Forumite
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    Another let the masses of forum members do the hard work so those in MSE towers dont have to
  • mrsmaread
    mrsmaread Posts: 3 Newbie
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    It is not as simple to fill in the form as is claimed I filled in the form according to the guide & it was rejected on the grounds it was not filled in according to legal procedure. YOU DO HAVE TO FOLLOW A CERTAIN LEGAL FORMAT WHICH IS NOT MADE CLEAR.
  • heartbroken
    heartbroken Posts: 46 Forumite
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    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.
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
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    mrsmaread wrote: »
    It is not as simple to fill in the form as is claimed I filled in the form according to the guide & it was rejected on the grounds it was not filled in according to legal procedure. YOU DO HAVE TO FOLLOW A CERTAIN LEGAL FORMAT WHICH IS NOT MADE CLEAR.

    What? You have to follow a certain legal format to start a serious legal matter? You're joking?

    Seriously - I've said several times on several forums that taking action in the small claims court is LEGAL action. You have to follow the rules.

    The MSE article on small claims (I think it was relating to the claim limit) recently was daft. Made it sound like a couple of toddlers having a squabble about a toy.

    YOU ARE TAKING SOMEONE TO COURT. Think whether you are up for it, they can pay it and is it worth it.
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
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    Have to say having just skim read the MSE article. Awful. Truly awful.
  • arcon5
    arcon5 Posts: 14,099 Forumite
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    emmalloyds wrote: »
    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?

    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.
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