Small Claims Court guide
Comments
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Thanks, how do I go about instructing a high court enforcement agent?0
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Thanks, how do I go about instructing a high court enforcement agent?
https://thesheriffsoffice.com/instruct-us/instruct-us-money-judgment
Others are available0 -
Hi,
Will try and keep it as simple as possible but I am basically looking at what my next step should be. do I have a claim worth of a small claims court for example.
I had an individual who now runs a van hire franchise who organised my original lease car through his then car leasing company , was happy with the service so approached him when this was coming to the end to get a different car for me as I knew him on a personal level out of work.
We agreed my car would be used as Part exchange to clear all outstanding debts on the fianance. Have evidence to prove this was what was agreed.
Signed for a new lease on this basis.
Took delivery of new car and he took old lease car away.
Turns out this car sat on his forecourt whilst he tried to sell it and the payments and outstanding finance was still my liability.
Ended up having to take a loan out to buy the car outright before it got repossessed and taken to auction and sold for minimal price. I managed to sell privately but at a cost of £2k less than the loan I had to take out so thats what I am out of pocket.
Is far more detail but feel as these are the important points. Have basically been lied to all along and in my view with what he knew when he took my first car from me when delivering my new one then he effectively stole that from me.
I have proof that he said my car would cover the outstanding balance.
Small claims court best option?0 -
I was led to believe it was a one-off fee of £75 to go small claims court, i completed the online form and was presented with a table of fees from £25 to over £500?? i AM ASTOUNDED AND VERYV FRUSTRATED. My previous employer owes me over £6200.in wages owed to me and money for a notice period they failed to follow. The owner sacked me for no reason, First i was asked to work at a lower positon with a far less of a pay rate, when i asked for time to reply so that i could talk to my wife. Once i got home that evening everything changed and i got a text saying to forget it and not to go back. When i pointed out my contract did infact have a 2 month notice period, i received a new excuse for sacking me claiming id been late once and had eated stock on duty, iM AN HEAD CHEF , I WOULD NEVER DO THIS AT ALL, I BROUGHT MY LUNCH EVERY DAY FROM SAINSBURYS. I was late once as i had been visiting the cash n carry on my way in to work.Had thiese things been genuine he should of followed the disiplincary laws, given a chance to put my thoughts on the claims.. however there was nothing.
When i received my months pay , the cheeky sod hadnt paid me the wage id been employed on but the rate of pay he had attempted to get me to accept. So he owes me the remainder of that months earnings which is approx £900 with the 2 months notice pay which is over £5000.
I cannot afford the inital fee of £410 , with a futher £300 + court fee.. upfront. so this PIG will get away with it. Unless anyone has any advice on anything else i can legally ???, i have wrote to him and requested payment .but ive not had any reply.
ANY ADVICE WILL BE APPRECIATED.0 -
jeffcaz2302 wrote: »I was led to believe it was a one-off fee of £75 to go small claims court, i completed the online form and was presented with a table of fees from £25 to over £500?? i AM ASTOUNDED AND VERYV FRUSTRATED. My previous employer owes me over £6200.in wages owed to me and money for a notice period they failed to follow. The owner sacked me for no reason, First i was asked to work at a lower positon with a far less of a pay rate, when i asked for time to reply so that i could talk to my wife. Once i got home that evening everything changed and i got a text saying to forget it and not to go back. When i pointed out my contract did infact have a 2 month notice period, i received a new excuse for sacking me claiming id been late once and had eated stock on duty, iM AN HEAD CHEF , I WOULD NEVER DO THIS AT ALL, I BROUGHT MY LUNCH EVERY DAY FROM SAINSBURYS. I was late once as i had been visiting the cash n carry on my way in to work.Had thiese things been genuine he should of followed the disiplincary laws, given a chance to put my thoughts on the claims.. however there was nothing.
When i received my months pay , the cheeky sod hadnt paid me the wage id been employed on but the rate of pay he had attempted to get me to accept. So he owes me the remainder of that months earnings which is approx £900 with the 2 months notice pay which is over £5000.
I cannot afford the inital fee of £410 , with a futher £300 + court fee.. upfront. so this PIG will get away with it. Unless anyone has any advice on anything else i can legally ???, i have wrote to him and requested payment .but ive not had any reply.
ANY ADVICE WILL BE APPRECIATED.
Have you looked at using the Employment Tribunal service?0 -
My first question on this forum, so i want to know do i need to set up my own thread (same as the parking forum) or do I just post my case/problem and wait for advice?0
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Hello all,
I am a letting agent and I want to take my landlord to small claim court over unpaid commission. I took on her rental property (which was her residence previously) when she went abroad to US. The property is still vacant as she rejected the tenant I introduced and sacked me.
I served the letter before action to her UK address ( rental property) but she is asking me to send it abroad (I also emailed her the letter ) - she did let me know of her address after she left.
Can I take her to small claims court here in the UK and where should I serve the papers?
Thanks0 -
Hello all,
I am a letting agent and I want to take my landlord to small claim court over unpaid commission. I took on her rental property (which was her residence previously) when she went abroad to US. The property is still vacant as she rejected the tenant I introduced and sacked me.
I served the letter before action to her UK address ( rental property) but she is asking me to send it abroad (I also emailed her the letter ) - she did let me know of her address after she left.
Can I take her to small claims court here in the UK and where should I serve the papers?
Thanks
If she is permanently domiciled in the USA then you are up the proverbial creek. Even if you did take action enforcing it would be a none starter:
If she isn't permanently domiciled in the USA then wait till she returns. You have 6 years (5 in Scotland) to launch a claim.0 -
If she is permanently domiciled in the USA then you are up the proverbial creek. Even if you did take action enforcing it would be a none starter:
If she isn't permanently domiciled in the USA then wait till she returns. You have 6 years (5 in Scotland) to launch a claim.
Not strictly true.
The OP wouldn’t be able to use MCOL and would have to file paper claim form and particulars of claim (4 copies).
Under CPR 6.36 you can serve out of jurisdiction if any of the grounds in Practice Direction 6B apply.
In this case you’d probably be looking at:
PD 6B Para 3.1(6)(a) & (c) - Contract made within the jurisdiction and governed by English law; and
PD 6B Para 3.1(7) - The breach of contract occurred within the jurisdiction.
You’d need to file an application notice with the court to get their permission to serve. The cost for this is £255, which you probably won’t be able to claim back, so you’d need work out if it was worth it.
You’d then have to arrange service of the documents and the times to respond are extended.
When it comes to enforcement you can again seek permission to serve out of jurisdiction under PD 6B Para 3.1(10) - enforcement of orders made within jurisdiction.
Although not in the country you could get a charging order against the property.
Ultimately, it is relatively straight forward to get the courts permission. Service can be a bit fiddly as it may involve service via a consulate. Ultimately it will come down to the size of the claim.0 -
Hi both,
thanks for your replies.
it is very timely because I just received her response to my LBA. She is disputing the debt and asked for a long list of details to provide - do I have to provide all of them?
Also, she is claiming that I sent the LBA to her rental property rather her address in the US - she did provide the address as part of her complaint earlier.
Sorry, I hadn't provided all the info. When she terminated the agreement, she alleged that I had breached the contract under various grounds which I didn't agree to. She turned down the tenant I introduced (having initially agreed but neither party signed tenancy agreement) so as per the contract she signed with me, she was liable to pay my commission. Anyway, I think she raised complaint just to fob me off so that she didn't have to pay my commission. I responded to her complaint but she escalated to The Property Ombudsman. The Ombudsman has accepted the complaint for full review. On her reply to my LBA, she is also inviting me to participate in the ADR process i.e. ombudsman which I think is just to delay the whole thing.
The amount owed is around 1.5k - I also just discovered that the amount of invoice I sent to her was calculated wrong (I applied the incorrect commission rate)- this is not going well for me is it?
thanks again for your help.0
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