Small Claims Court guide

C00kie_2 · 23 June 2014 at 1:00PM

Thanks very much for all that, I'll have a big think!

gemnomnom · 23 June 2014 at 3:59PM

1angrymum wrote: »

I paid £150 to a so called friend on 4th April for some concert tickets for my daughters birthday present, on the 26th may I contacted her and asked what was happening, I had 2 responses but only one saying she will post them through my letterbox the night before the concert, on the morning of the concert still no tickets so when I finally got in touch with her I went to her house to collect them.
She refused to give them to me saying I hadnt communicated with her, she knew full well that only 3 wk before I has lost my baby at 17wk and had been in and out of hospital as well as suffering from depression, I told her that the concert was the last thing I wanted and she said well Im not giving them you so I asked for my money back and she said once she had sold them, I left peeved to say the least. Since I have heard nothing about the tickets or money only a message saying it was me who had let my daughter down and she had done nothing wrong, I have contacted the police but as it is a civil matter they cant help, so I have been advised by them and the CAB to make a claim through the small claims court, I have sent her a message today highlighting this giving her 28days to respond with her intentions but im not expecting anything. Am I in with a chance of winning or this even being accepted as it is only for £150. I wouldnt really bother but it was my daughters birthday present and this friend of mine knew this so it really is a 12yr old she has stolen from.
please advise

Really shocked and saddened to read this story

In answer to your question - it is worth using the small claims court here. £150 is a lot of money! I used it for £54 and it worked!

My advice is keep all your evidence (any texts for example) and you have a chance in court.

Also 28 days is a long period to state in the first letter - usually 7 or 14 will suffice. No harm done but just advice for your next letter.

bearpeje · 26 June 2014 at 1:16PM

Hi

I have no experience of making a claim, but maybe someone can help please.
My son was using a pitch and put golf course, and parked his car nearby. When he returned to his car, the windscreen was smashed ( Obviously by golf ball ). A staff member pointed out the person responsible, who admitted he had caused the damage by accident. He gave my son his full details, and agreed to pay the damage.

My son used his car insurance to call out the repair service. Normal cost about £200, but only cost my son £75 as his excess.

He texted this info to the lad responsible, who agreed to pay into my son's account. Despite numerous texts and emails to him, five weeks have now passed and still no payment.

In one email, I advised him that I thought if we had to take out a claim against him, it may cost him a lot more than £75, and I appealed to him to be reasonable. He didn't reply. We have kept all texts and emails and his replies.

If he still doesn't pay, Is a claim suitable and likely to succeed ?

TheLostProphet · 4 July 2014 at 8:15PM

Hi guys,

I've been pursuing my deposit and rent from an old landlord that was never paid back to me. She hasn't responded to anything so I have won the judgement by default and now have a CCJ against her.

Could anyone give me advice as to the best ways of enforcing the judgement in the case of silence?

Also on the off chance that she's moved address during the time I've been chasing her up, how would that affect my case? MCOL told me that using the 'Last Known Address' is fine, but it seems as if it'd be easy to say you never received anything.

Would it be worth hiring a private Process Server to track her down and resubmitting my claim? Could I add this onto the costs?

Thanks

terryw · 4 July 2014 at 8:52PM

Have you considered obtaining a copy of the Land Register from the Land Registry - it only costs few pounds as they may throw up her current address.
You could also apply for a charging order.

TheLostProphet · 4 July 2014 at 9:06PM

Thanks for your reply. Yes I've obtained a copy, it seems to list the people who've built the block of flats rather than the homeowner themself.

I was thinking perhaps apply for an Oral Examination, whereby she comes to the court to list her assets, but if she's moved (or burying her head in the sand as I suspect), not sure what good it'll do.

terryw · 4 July 2014 at 9:22PM

You have found out that enforcing a judgement is often more difficult than obtaining it!

An enquiry agent will be pricey and the costs not recoverable. You need an address to apply for an oral examination.

Does the LR cert not show her name (and address for notices) as the registered proprietor?

Are you sure that you have the LR details for that flat and not,for example, the freehold of the whole block? Just a thought

TheLostProphet · 4 July 2014 at 10:36PM

Haha, indeed. It's quite frustrating that it's so easy to dodge the court system, I always thought it was pretty solid in England before all this!

I'm actually not sure what I have, it's almost as if the registry hasn't been updated in 7 years. For example, under Address it just says "Land at [Adjacent Street, London], followed by a long list of flats and no owner. The owner is listed as the original property developer from 2007.

Is this the correct file or did either I or the Land Registry make a mistake?

stebiz · 4 July 2014 at 11:25PM

TheLostProphet wrote: »

Haha, indeed. It's quite frustrating that it's so easy to dodge the court system, I always thought it was pretty solid in England before all this!

I'm actually not sure what I have, it's almost as if the registry hasn't been updated in 7 years. For example, under Address it just says "Land at [Adjacent Street, London], followed by a long list of flats and no owner. The owner is listed as the original property developer from 2007.

Is this the correct file or did either I or the Land Registry make a mistake?

Are you sure you aren't looking at the Freehold owner. If she owns a flat it is likely she'll be registered as a Leaseholder. This will also be registered at the Land Registry. This should give her address. If not you might want to consider trying for a charging order on the flat?

TheLostProphet · 5 July 2014 at 12:09AM

I think you're right, it's a Freehold rather than a Leasehold. Sadly the Land Registry doesn't have any records for Leaseholds for some reason.

I suspect she may have moved already sadly. I've done some pretty intense Googlings and I've managed to find her real name (she goes by her middle and surname), birthday and importantly that she registered a shell company that's still active. Looking at Companies House, the date given was the 7th January 2013 and lists her home as being the address I sent the court documents to.

There is a Company Address also which I assume is still active, not sure if this would help me though.

Apologies for this scavenger hunt!

Small Claims Court guide

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