Small Claims Court guide

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  • waamo
    waamo Posts: 10,298 Forumite
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    Whilst it probably isn't what you want to hear you may well be better off accepting and moving on with your life.

    Litigation is time consuming and stressful. You might get a bit more or you might get nothing. That's also a risk with litigation.

    If you really want to you can try and haggle them upward which will probably be easier than litigation.
  • yellowpollycat
    yellowpollycat Posts: 32 Forumite
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    Hi, I moved into a new build house on 18 October. Prior to the completion I pointed out the boundary fence was in the wrong place. Harron Homes agreed that it was in the wrong place and said they would remedy it. On 12 November, the fencing contractors refused to move the fence as it required digging out on the other side. Since then I've been promised numerous times that it will be done (we currently have a "double fence" at one end). On 14 January I was assured verbally that it would be completed by the end of January and booked the landscapers for 21 February. Needless to say, the work hasn't been completed. I now have additional costs of landscaping work, trees and shrubs which are no longer useable and a garden that is half finished. I have lots of photos, copies of emails and texts regarding this plus the evidence of the landscaper who spoke to the site manager and contracts manager almost daily. The site manager always says yes tomorrow but it doesn't get done. Emails to customer services have been ignored. I'm currently at a loss of around £1500 due to unfinished work and unusable turf, shrubs and trees. Am I able to take this to the small claims court? Only I have nothing in writing regarding a fixed date for the work, only verbal. thanks
  • KeithP
    KeithP Posts: 37,641 Forumite
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    You are unlikely to be successful with a claim for "additional costs of landscaping work, trees and shrubs which are no longer usable".

    You were premature in purchasing those goods and services without a written confirmed completion date for the fence work.
  • Tank40
    Tank40 Posts: 56 Forumite
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    After over a month of asking for payment for services rendered on with no reply, I issued a claim through MCOL on 02/01/2019, cost £25.
    There was no response to this so judgement was issued in my favour.
    There was still no response from the defendant in the allotted period of time, so I had a warrant issued, cost £75 on 12/02/2019 which was acknowledged by Edmonton County Court (local to the defendant).

    A cheque arrived from Willesden County Court on 15/04/2019 for £80:60 (which is an odd amount and not the amount owed).

    Any idea what this amount might be represent? Does it mean the defendant/debtor has been contacted by the bailiffs? On the MCOL details of the case it states "warrant removed 18/04/2019".

    Les
  • da_rule
    da_rule Posts: 3,618 Forumite
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    LesCM19 wrote: »
    After over a month of asking for payment for services rendered on with no reply, I issued a claim through MCOL on 02/01/2019, cost £25.
    There was no response to this so judgement was issued in my favour.
    There was still no response from the defendant in the allotted period of time, so I had a warrant issued, cost £75 on 12/02/2019 which was acknowledged by Edmonton County Court (local to the defendant).

    A cheque arrived from Willesden County Court on 15/04/2019 for £80:60 (which is an odd amount and not the amount owed).

    Any idea what this amount might be represent? Does it mean the defendant/debtor has been contacted by the bailiffs? On the MCOL details of the case it states "warrant removed 18/04/2019".

    Les

    What was the debt amount?
  • Tank40
    Tank40 Posts: 56 Forumite
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    £60.
    Wondering what the £80 might be for as there was no explanation. Will try to negotiate their switchboard on the next working day.
  • da_rule
    da_rule Posts: 3,618 Forumite
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    That seems a weird amount.

    When you were requesting the warrant, did you remember to include the court fee and the warrant fee in with the amount outstanding?
  • Tank40
    Tank40 Posts: 56 Forumite
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    Yep, all the costs, 25 for original submission & 75 for the warrant. i'll be honest with you, I couldn't understand a word the chap on the helpline for MCOL said when I asked if the warrant was the next step.
  • minnie123
    minnie123 Posts: 2,133 Forumite
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    Hi,

    Can anyone help me with an N1 form - I have filled it in for my Mum - I couldn't do MCOL as my Mum gets ESA so it said I had to do the paper form.

    Do I just send one copy off to the County Court Claims Centre?

    It says about copying form - do I also need to send one to the defendant.

    What about the help with costs - Am i right in sending the form off completed with no payment?
  • minnie123
    minnie123 Posts: 2,133 Forumite
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    Ok I have applied for help with fees and put the reference number on the top of the N1 form.

    So now I am ready to post it to the County Court Money Claims Centre - I just need to know if I also need to post a copy to the defendant?

    I have made a few copies in case.
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