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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!!!8217;t already, join the forum to reply. If you aren!!!8217;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 24
    • unholyangel
    • By unholyangel 7th Sep 17, 5:31 PM
    • 12,286 Posts
    • 9,617 Thanks
    unholyangel
    Hi - long time forum reader, but this is my first post. Hopefully in the right place!

    We're in the process of taking a internet trader to small claims court - they've refused a refund on faulty goods.

    I have a couple of questions about the directions questionnaire:

    1. Which court? We'd naturally like to choose a court near to us (Manchester area) but we assume the trader will choose one near them (East Sussex). How is the decision finally made?

    2. Mediation - the trader is just being incredibly stubborn. We don't think mediation will make any difference and from what I've read, just elongates the process (and we really want our £1,800 back asap!), but if we tick no, the trader (who will get a copy of our questionnaire) can surely just tick yes and look like the good guy?

    3. Roughly how long is it on average from this point to actually getting to court?
    Originally posted by Supersonos
    1) The decision is made by the courts. Normally if the defendant is an individual they can apply to have the case transferred to their local court. If they are not an individual then they can't.

    2) You should always consider mediation. Courts like to see that you've tried to resolve the issue without involving them. It may take a little longer but it also paints you in a better light if you were willing to consider mediation and the other party weren't. It could also potentially affect how costs are awarded also. For example if you lost your claim but the trader refused mediation, you may be able to convince a judge either not to award the other side costs or to award costs against them as essentially, court action could have been avoided had they entered negotiations.

    3) No one here can answer that. Some cases may be heard within a few weeks, others can take over a year. Typically cases will be heard within 6 months but it really depends how busy the court is thats assigned the claim. It also depends on whether a hearing is needed or whether its a default judgement.
    Money doesn't solve poverty.....it creates it.
    • Supersonos
    • By Supersonos 8th Sep 17, 9:36 AM
    • 76 Posts
    • 35 Thanks
    Supersonos
    I've tried contacting a few people, but no-one has responded. The fall-out of all of this was horrible, so people didn't really stay in contact.
    Originally posted by twistednail
    Another thing to bear in mind, producers will often create a limited company for each film, so you may find that your contract was with "The Film Ltd." which has since been shut down.

    Not sure if you can then persue the directors of the company (the execs).
    • Computersaysno
    • By Computersaysno 19th Oct 17, 9:25 AM
    • 935 Posts
    • 727 Thanks
    Computersaysno
    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.
    Welcome to the world of 'Protect the brand at the cost of free speech'
    • tobycat62
    • By tobycat62 23rd Oct 17, 1:05 PM
    • 1 Posts
    • 0 Thanks
    tobycat62
    Small claims Court
    This is the first time I have used MSE site, the issue I am having is that we are claiming a small amount of unpaid wages for my son and we have followed each step, the defendant has never responded to anything sent to him, and a few weeks ago we paid to have a warrant issued, not sure what this means but each time we check the site it doesn't show any update! Can anyone explain what happens next please?
    • Computersaysno
    • By Computersaysno 23rd Oct 17, 2:22 PM
    • 935 Posts
    • 727 Thanks
    Computersaysno
    At the risk of repeating myself.....


    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.
    Welcome to the world of 'Protect the brand at the cost of free speech'
    • Computersaysno
    • By Computersaysno 23rd Oct 17, 2:22 PM
    • 935 Posts
    • 727 Thanks
    Computersaysno
    Maybe you didn't see it directly above your post....so here it is again....


    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.
    Welcome to the world of 'Protect the brand at the cost of free speech'
    • Slippers124
    • By Slippers124 28th Dec 17, 5:46 PM
    • 7 Posts
    • 0 Thanks
    Slippers124
    Best way to enforce judgement - HCEO or 3rd Party Debt Order?
    Hi, Iíve been given a default judgement against a tradesman who did a bad job, blamed it on somebody else,then disspapeared leaving my house in a complete mess. I emailed my concerns and asked him to resolve. I posted letter before action. No response. Claim was issued. No response. Now I have the judgment. Today I drove past the address he is linked to through disssolved businesses on companies house, but saw his vehicle parked at house on the opposite side of the road (literally less than a minutes walk away). Further digging today and discover he now lives at the address on other side of road. So, my two questions are:
    1) Can I send a HCEO to the newly discovered address or do I need to start the claim again?
    2) I know that he either contracts or is directly employed by another business now (but the work he did for me was just in his name). So, would I have more succcess requesting a third party debt order against this other business, or better to go down the HCEO route? Thanks for any advice.
    • Computersaysno
    • By Computersaysno 29th Dec 17, 9:32 AM
    • 935 Posts
    • 727 Thanks
    Computersaysno
    Maybe you didn't see it directly above your post....so here it is again....


    Hi, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.
    Welcome to the world of 'Protect the brand at the cost of free speech'
    • Computersaysno
    • By Computersaysno 29th Dec 17, 9:33 AM
    • 935 Posts
    • 727 Thanks
    Computersaysno
    Maybe you didn't see it directly above your post....so here it is again....


    Hi there, welcome to the forums.

    You really should start your own thread as this thread is here specifically to discuss MSE's Small Claims Court guide.
    Welcome to the world of 'Protect the brand at the cost of free speech'
    • Zuby
    • By Zuby 26th Jan 18, 11:03 AM
    • 1 Posts
    • 0 Thanks
    Zuby
    I won a claim against a person in 2015, I had to use bailiffs as he did not pay, but still to this day I haven't received a penny. The letter I received from the official was the the defendant was not living in the address as the owner (his dad) advised them. Is there anything else I can do now? Or is the system that crap.
    • waamo
    • By waamo 26th Jan 18, 11:09 AM
    • 3,210 Posts
    • 4,238 Thanks
    waamo
    I won a claim against a person in 2015, I had to use bailiffs as he did not pay, but still to this day I haven't received a penny. The letter I received from the official was the the defendant was not living in the address as the owner (his dad) advised them. Is there anything else I can do now? Or is the system that crap.
    Originally posted by Zuby
    Hire a tracing agent to find him. They often have a no find no fee service and arenít too expensive.
    This space for hire.
    • freccle
    • By freccle 8th Apr 18, 10:14 AM
    • 790 Posts
    • 470 Thanks
    freccle
    My claim is being defended so I've been notified of proposed allocation to the Small Claims Track. I have to complete the form by 16 April and return it to the court office and "serve copies on all other parties". Does that mean I do extra copies for the court to serve on the defendant or do I have to actually send a photo copy of the form to the defendant.
    Also at the moment, I 've just provided a precis of what and why I'm claiming. Should I send actual copies of my evidence to the court or the defendant or is this done at the hearing?
    • Castle
    • By Castle 8th Apr 18, 12:25 PM
    • 1,704 Posts
    • 2,301 Thanks
    Castle
    My claim is being defended so I've been notified of proposed allocation to the Small Claims Track. I have to complete the form by 16 April and return it to the court office and "serve copies on all other parties". Does that mean I do extra copies for the court to serve on the defendant or do I have to actually send a photo copy of the form to the defendant.
    Also at the moment, I 've just provided a precis of what and why I'm claiming. Should I send actual copies of my evidence to the court or the defendant or is this done at the hearing?
    Originally posted by freccle
    1) You send a copy to the defendant; (and get a certificate of posting).

    2) The court will write and tell you when to send the evidence, normally this will be around 14 days before the hearing; when you will also have to submit your witness statement.
    (You will also have to send a copy of your evidence/witness statement to the defendant at the same time).
    • freccle
    • By freccle 8th Apr 18, 2:37 PM
    • 790 Posts
    • 470 Thanks
    freccle
    [QUOTE=Castle;74130812]1) You send a copy to the defendant; (and get a certificate of posting).

    Thank you. Can I do this by email? And do I send it to the actual defendant or to the trainee solicitor (!) who's dealing with it on their behalf? Because he has only corresponded with me by email and hasn't included a postal address
    • steampowered
    • By steampowered 8th Apr 18, 3:48 PM
    • 2,492 Posts
    • 2,409 Thanks
    steampowered
    If the Defendant is legally represented, you should serve papers on their legal representative.

    The court rules require documents to be served by post or fax. Email can be used only if the Defendant has agreed in advance to accept service by email.

    The appropriate course of action would be to email the trainee solicitor enquiring whether they are authorised to accept service of documents, and if so whether they are prepared to accept service by email, and if not what postal address should be used.
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