Small Claims Court guide

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  • gordies
    gordies Posts: 57 Forumite
    I live in England, but want to sue someone who lives in Scotland in the Small Claims Court.

    Do I submit the paperwork to the English County Court using a standard N1 form, or do I have to submit via the Sheriff's Court?

    thanks!
  • I bought a Summerhouse earlier this year which was delivered and erected on 15th May. By mid August, the floor boarding on the veranda was beginning to bow bow/ cup and part of the tongue and groove started to split.
    My wife thought she sent them an email and some photos soon after but this may not have sent. I followed this up with an email in mid September but received a response referring me to their standard terms and conditions which state that wood is a natural product so they can't be held for bowing, splitting etc....yah-de-yah....
    I'm no carpenter but it looks to me that the timber used is not beefy enough for the location and insufficiently fixed to discourage movement. They do not reply to my emails or calls and although for thirty quid, I could buy better timber and sort this myself, I feel that the construction was not fit for purpose and shoddily produced.
    I have offered that if they drop off appropriate timber when passing, I'd fit it. No response.
    I'm about to send a signed for letter advising of my intention to obtain quotes to repair the faulty area and start proceedings if I receive no satisfactory response. Given the sums involved, should I just roll over, or should I risk pursuing the supplier?
    Advice gratefully received.
  • gordies
    gordies Posts: 57 Forumite
    Did you pay for summerhouse on credit card, and was it over £100?
  • Hi, has anyone taken a CSA debt to Small Claims?
  • Enforcing A Judgement

    I recently won a Small Claims Case and obtained a Judgment against the defendant. The defendant was ordered to pay the amount owing plus all court fees and interest. He hasn't paid anything.
    I now need to decide which route to take to recover the debt.
    Does anyone have first hand experience of the options available?

    1. Attachment of Earnings Order
    2. Warrant of Execution
    3. Third party Debt Order
    4. Charging order
    5. I am not sure of the defendant’s current financial situation and could therefore also consider applying for an Order to obtain information

    Each of the above options will cost me a further £100 in court fees. I need to choose carefully - advice welcome.
    Thanks for reading
  • chris_n
    chris_n Posts: 607
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    This is not a consumer issue but this is the only place that may be relevant.
    My mother in law opened a court claim against someone who had borrowed money from her (should have been a police issue if you ask me as some duress was evident) . She paid court fees in July and heard nothing. In the mean time she became very ill and subsequently passed away in December.
    While going through her affairs we have discovered the court cashed the cheque early in August. My wife rang them to find out what was going on and was told to contact a certain solicitor, she queried this as her mother did not have solicitor and was again told to contact the solicitor. When she did this the solicitor didn't know what she was talking about and had no record of her mother. She contacted the court again and was told that they couldn't talk to her as she wasn't named on the case! She was instructed to send an email which she has done and following the first call she has sent a copy of the death certificate and a covering letter.
    What should we do now? As the original claim included interest, who is liable for this as the court have been negligent. As executor of the estate can my wife take over the claim or will a new claim need to be made, if this is the case will the original fee be refunded.
    We really do feel badly let down by the legal system that makes an 80 year old infirm woman have to chase scum through the courts herself and then be let down so badly!
    Living the dream in the Austrian Alps.
  • I intend to take a local man to court to recover money he owes me for work that I did for him 4 years ago. Having asked him at least 15 times I have no alternative.

    What I require to know before we go to court is can I use a tape recording of him admitting that he owes me the money for the work and that he will "honest, I will sort it out"?

    He did admit it to a witness but the witness is very reluctant to go to court as he may lose business as a result of coming out!
  • strides wrote: »
    I intend to take a local man to court to recover money he owes me for work that I did for him 4 years ago. Having asked him at least 15 times I have no alternative.

    What I require to know before we go to court is can I use a tape recording of him admitting that he owes me the money for the work and that he will "honest, I will sort it out"?

    He did admit it to a witness but the witness is very reluctant to go to court as he may lose business as a result of coming out!

    Yes a transcript of the phone call can be provided as evidence.
  • gprit
    gprit Posts: 24 Forumite
    I cannot find this answer anywhere(!).
    I am making a claim for monies owed - much of the evidence lies in emails between myself and the other party.

    If I print them it is 176 pages long. Is it permitted to submit on a USB or Disk?

    thank you
  • Carlos0371
    Carlos0371 Posts: 27 Forumite
    edited 28 January 2015 at 2:45PM
    Hi all, looking for some "expert" advice here.

    I paid £800 into an incorrect bank account April last year. The recipient was on my previous payee list as I had made a payment or 2 to him in the past (he was my partner's ex-Landlord).

    I went through my Bank to get my money back to no avail (he refused to refund). I made a claim through the small claims Court using MoneyClaim Online.

    Defendant refuted the claim, making a counterclaim saying I (and my partner) owed him back rent (from way before my partner and I even met) and additional fees for cleaning / redecorating when we left the old house.

    Important to note, the previous tenancy was between him and my partner, I was not on the tenancy agreement.

    Although he filed a defence and counterclaim, he did not pay the fee, and neither did he return his Directions Questionnaire in time, even after being given an additional 14 days after the expiration of the initial 14 days to do so (don't ask me why he was given extra time).

    In November his defence was struck out and I applied to have the Judgement made in my favour. Judgement was made in December 2014.

    Defendant has now employed a solicitor and has had the Judgement "set aside". His solicitor has mailed me and included a "Draft Order" which is a massively protracted period of time for statements, disclosures etc., culminating in requesting a trial date after 15th September 2015.

    Now I have tried to get legal advice, but no-one wants to help me. I cannot afford a solicitor, but neither do I qualify for Legal Aid. I understand that legal costs cannot be claimed back anyway.

    My questions are:
    a) Is there anyone that will take a case like this on where I will still come out of it with at least some of my money back,
    b) If legal costs cannot be claimed, why doesn't he just pay the money back and move on (i.e. can he claim legal costs for defending the claim?).
    c) I am at the end of my tether with this, obviously we had to pay our current Landlord the rent we owed after this mistake, and he was extremely understanding, allowing us to pay him back over 6 months (I know I am very lucky with this), but this is really putting a strain on me with worrying about it, especially now solicitors are involved.

    Thanks for any help / advice.
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