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  • FIRST POST
    • MSE Amy
    • By MSE Amy 23rd Apr 13, 6:21 PM
    • 28Posts
    • 36Thanks
    MSE Amy
    Small Claims Court guide
    • #1
    • 23rd Apr 13, 6:21 PM
    Small Claims Court guide 23rd Apr 13 at 6:21 PM

    Click reply below to discuss. If you haven’t already, join the forum to reply. If you aren’t sure how it all works, read our New to Forum? Intro Guide.
    Last edited by MSE Amy; 18-09-2015 at 11:08 AM.
Page 30
    • da_rule
    • By da_rule 31st Aug 19, 11:53 PM
    • 3,552 Posts
    • 3,229 Thanks
    da_rule
    So I won my small claim against my gardener for 10k who didn’t defend so won by default.

    I’m wondering what I do next, if I get a warrant then what?

    There’s a chance the address is now wrong as people move, anyway I can check current details about said person?
    Originally posted by nem39esis
    Best thing to do is to instruct a High Court Enforcement Agent. They’ll transfer the matter to the High Court and get a writ. They are usually much quicker and much more successful than the County Court bailiffs.

    It’s a £66 fee upfront which is added to the debt and then £75 +VAT for every address they visit and don’t enforce on.

    Most companies that offer enforcement also offer tracing services, so if you’re not sure of their current address, let them know and they can usually track them down.
    • nem39esis
    • By nem39esis 1st Sep 19, 7:45 AM
    • 62 Posts
    • 15 Thanks
    nem39esis
    Thanks, how do I go about instructing a high court enforcement agent?
    • waamo
    • By waamo 1st Sep 19, 7:50 AM
    • 8,130 Posts
    • 11,126 Thanks
    waamo
    Thanks, how do I go about instructing a high court enforcement agent?
    Originally posted by nem39esis
    https://thesheriffsoffice.com/instruct-us/instruct-us-money-judgment

    Others are available
    This space for hire.
    • mstevo
    • By mstevo 22nd Sep 19, 10:00 PM
    • 11 Posts
    • 1 Thanks
    mstevo
    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?
    • jeffcaz2302
    • By jeffcaz2302 3rd Oct 19, 1:19 PM
    • 1 Posts
    • 0 Thanks
    jeffcaz2302
    costs so much more??
    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.
    • waamo
    • By waamo 3rd Oct 19, 1:47 PM
    • 8,130 Posts
    • 11,126 Thanks
    waamo
    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.
    Originally posted by jeffcaz2302
    Have you looked at using the Employment Tribunal service?
    This space for hire.
    • Giant Hogweed
    • By Giant Hogweed 14th Oct 19, 4:51 PM
    • 150 Posts
    • 127 Thanks
    Giant Hogweed
    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?
    • Ebsbyrde
    • By Ebsbyrde 18th Oct 19, 3:29 PM
    • 3 Posts
    • 0 Thanks
    Ebsbyrde
    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
    • waamo
    • By waamo 18th Oct 19, 4:45 PM
    • 8,130 Posts
    • 11,126 Thanks
    waamo
    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
    Originally posted by Ebsbyrde
    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.
    This space for hire.
    • da_rule
    • By da_rule 19th Oct 19, 8:34 PM
    • 3,552 Posts
    • 3,229 Thanks
    da_rule
    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.
    Originally posted by waamo
    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.
    • Ebsbyrde
    • By Ebsbyrde 19th Oct 19, 9:31 PM
    • 3 Posts
    • 0 Thanks
    Ebsbyrde
    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.
    • da_rule
    • By da_rule 19th Oct 19, 9:47 PM
    • 3,552 Posts
    • 3,229 Thanks
    da_rule
    Ultimately she’s received the LBA, so can’t claim any prejudice. Also, the service rules under the CPR don’t expressly apply to LBA’s.

    You should respond to any of the points that would be needed to prove your case.

    If pre-action ADR is on offer then this should also be utilised as it may save court fees and would definitely be in line with the overriding objective.

    You could also, if you are engaging in communication with her, ask her if she’ll accept service of documents at an address in the UK to get around the out of jurisdiction issue.
    • Ebsbyrde
    • By Ebsbyrde 19th Oct 19, 9:57 PM
    • 3 Posts
    • 0 Thanks
    Ebsbyrde
    Thanks da_rule; I doubt she'll accept anything that'll make my life easier. She has particularly asked in her letter that I have to make clear to the court that she lives overseas.
    I am not sure if I trust the ombudsman, they asked for the whole file on her (which I suspect they'll share with her) so I refused to provide them with that - will this count against me?
    Also, she has the tenacity to ask me to pay her for 'lost rent' as the property is empty, having rejected the tenants whom I thought was perfect.
    What do you think about the invoice amount? as that's wrong, do I have to send a correct invoice and start all over again?
    Thanks for all your help.
    • da_rule
    • By da_rule 20th Oct 19, 8:29 AM
    • 3,552 Posts
    • 3,229 Thanks
    da_rule
    The LBA needs to be accurate, so if you’ve put the wrong amount then yes you’d need to reserve.

    The court would also be looking for you to have made meaningful attempts at ADR before going before them. If you don’t, then they can refuse to award you costs (or even make you pay the other sides costs). Can you not confirm with the Ombudsman that they won’t share the documents.

    Also, does the Ombudsman have the authority to order a landlord to do something (i.e. pay you compensation)?
    • barmy_banno
    • By barmy_banno 21st Oct 19, 1:51 PM
    • 1 Posts
    • 0 Thanks
    barmy_banno
    Hello.

    I have a re-determination next month and I am wondering how it works and what documents I will need to take.

    I took my ex employer to small claims due to non payment of wages, over £4000 in fact.
    He admitted to the claim and wanted to pay £50 every week for 92 weeks to which I declined. I was awarded a CCJ with payment in full forthwith.

    In the claim I explained that my ex employer was paying himself a full wage so that he can show his bank he is getting a constant wage so he could get a mortgage.

    I also explained that he was paying actors £300 per week for several weeks for a production they were running. There were 5 actors in total that were being paid.
    He did not contest to my claim and like I said he admitted in full that he owed me.

    I had applied for a High court writ and it was awarded to myself and while the bailiff company had sent their initial letter to my ex-employer, he had written to the court for a re-determination.

    The bailiffs are on hold until the outcome of the re-determination.

    What my employer has done is that he is broadcasting all over social media about a big mass sale he did and how much he raised... Over £3k. He has also put several job vacancies including how much they will earn. I have screen shots of everything he has put all over social media so I can produce it to the judge.

    I would like to add that the defendant has not contacted me in any way, shape or form.

    Is there anything else I will need to produce when I go to the re-determination?
    • jess100
    • By jess100 23rd Oct 19, 9:39 AM
    • 1 Posts
    • 0 Thanks
    jess100
    My claim being defended
    I have the same question as quoted below (sorry - I couldn't find a previous response), i.e. does the Directions Questionnaire allow me to fully and further explain my case?

    Or, now that I have received the Defence, do I respond to the Defendant directly with my counter arguments / additional evidence?

    Additionally, what are people's experiences of how long it takes to receive the Directions Questionnaire following the filing of a defence?

    Thanks all



    I have recently started the ball rolling on my first claim in the smalls claims court.

    The company has decided to defend the claim. I am waiting for the directions questionnaire now and what to do next.

    When I initially submitted the claim, I thought the particulars of the claim section was very brief and limited, as I filed online.

    Now, when the directions questionnaire arrives, will this give the opportunity to tell the full account of what happened, along with supporting evidence?

    I am unsure as to what I happens from now on.
    Originally posted by liam8282
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