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  • FIRST POST
    • MSE Amy
    • By MSE Amy 23rd Apr 13, 5:21 PM
    • 28Posts
    • 36Thanks
    MSE Amy
    Small Claims Court guide
    • #1
    • 23rd Apr 13, 5:21 PM
    Small Claims Court guide 23rd Apr 13 at 5:21 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 10:08 AM.
Page 25
    • waamo
    • By waamo 8th Aug 18, 7:12 PM
    • 6,537 Posts
    • 8,661 Thanks
    waamo
    are those links still valid ??
    Originally posted by the gardener
    Looks like it's been moved to here https://www.moneysavingexpert.com/reclaim/small-claims-court/
    This space for hire.
    • Cheshirefox
    • By Cheshirefox 27th Aug 18, 10:10 AM
    • 1 Posts
    • 0 Thanks
    Cheshirefox
    Advice about claiming against a builder with two companies
    I had a major house extension done within the last 3 years but both bathrooms had floor tiles that lifted and subsequently water damaged the floors. The builder refused to accept liability. An independant report is clear the job was not done correctly. The builderr now says his company has ceased trading (bubt is still active on companies house). He has set up a new company.
    I had to have all the work repaired and he will not pay and now has told me no point suing him as not trading.
    Can i sue his other company or is there a way to get my money back. Its around 15k.
    • Deastons
    • By Deastons 27th Aug 18, 10:49 AM
    • 454 Posts
    • 232 Thanks
    Deastons
    I had a major house extension done within the last 3 years but both bathrooms had floor tiles that lifted and subsequently water damaged the floors. The builder refused to accept liability. An independant report is clear the job was not done correctly. The builderr now says his company has ceased trading (bubt is still active on companies house). He has set up a new company.
    I had to have all the work repaired and he will not pay and now has told me no point suing him as not trading.
    Can i sue his other company or is there a way to get my money back. Its around 15k.
    Originally posted by Cheshirefox
    I'm guessing it was a limited company that did the work/that you paid. If so, that's who you would have to sue. But just because his company is no longer trading doesn't mean the courts couldn't go after the assets of the company or the assets of the director.

    You won't get 15k back. You'd have to rectify the situation and then sue him for the costs.

    Did his work come with any guarantee?
    • remembe
    • By remembe 1st Sep 18, 12:52 PM
    • 50 Posts
    • 5 Thanks
    remembe
    Can I make a claim against an employer?
    I work via an agency, was offered a certain rate an hour, they put it through an umbrella company'at a higher rate', but my pay is actually 10% less than the agreed rate
    • karenannep
    • By karenannep 5th Sep 18, 12:38 PM
    • 1 Posts
    • 0 Thanks
    karenannep
    Disagree with amount being recovered
    I've been issued with a County Court Claim for a figure of 1500, i accept I am part liable for costs for a service received, my contribution being about 650. But The claimant is also passing on his solicitors fee to me, there has been no previous indication that I'm liable for those costs. From the outset of his initial claim (via a solicitors letter) I have maintained I'm happy to pay but not his solicitors fees. I dont want to find my own solicitor and run up costs, Ive done nothing wrong. What do I do, let him take me to court and hope the judge will agree with me?
    • Lizzyelj
    • By Lizzyelj 5th Sep 18, 5:31 PM
    • 1 Posts
    • 0 Thanks
    Lizzyelj
    Hi- I have received a letter before claim from solicitors acting on behalf of Y and Y management who manage a block of flats of which I own 1 and rent it out. I have had the flat for 4 years and never received any invoices, despite contacting Y and Y last October 3 times (no reply to my messages). I have heard of at least one other flat owner having the same issue. I have now had a Letter of Claim for 21k! and have again tried to contact Y and Y to obtain invoices - they say all correspondence must now go through the solicitor. I have emailed the solicitor (they refuse to discuss matters on the phone), but as yet received no response. Surely there can be no debt without an invoice???Not sure what my next step should be. Any advice would be appreciated!
    • waamo
    • By waamo 5th Sep 18, 6:14 PM
    • 6,537 Posts
    • 8,661 Thanks
    waamo
    For 21k see a solicitor. That is outside the limit for a small claim by some margin.

    If this goes to court then the loser could very well be stumped with all the legal costs for both sides too. That can be eye watering.

    You need this dealt with professionally as the potential costs could be enough to cause significant hardship.
    This space for hire.
    • chijiokeike
    • By chijiokeike 31st Oct 18, 12:26 PM
    • 2 Posts
    • 0 Thanks
    chijiokeike
    Who foots the Initial claim fee if mediation rules in favour of claimamnt
    Hi,

    I am currently filling a case against a car dealer who has refused to refund me my full amount under the consumer rights act following rejection of a faulty car within 30 days. I was wondering if anyone know what happens if after filing the claim we decide to use the mediation service offered by the court. Would the initial application fee be refunded to me if we use the service, and if not, who bears the cost of the fee if mediator rules in my favour? would it still be me or the dealer. Finally was wondering if you can claim other lost costs like road tax, insurance cancellation fee and mileage for car return when filing the claim?

    Thanks
    • waamo
    • By waamo 31st Oct 18, 1:52 PM
    • 6,537 Posts
    • 8,661 Thanks
    waamo
    Hi,

    I am currently filling a case against a car dealer who has refused to refund me my full amount under the consumer rights act following rejection of a faulty car within 30 days. I was wondering if anyone know what happens if after filing the claim we decide to use the mediation service offered by the court. Would the initial application fee be refunded to me if we use the service, and if not, who bears the cost of the fee if mediator rules in my favour? would it still be me or the dealer. Finally was wondering if you can claim other lost costs like road tax, insurance cancellation fee and mileage for car return when filing the claim?

    Thanks
    Originally posted by chijiokeike
    Mediation doesn't apportion blame or costs. It's negotiation not a hearing so you decide between you what figure you come to.

    If you can't come to an agreement then all negotiations are confidential and won't be known to the judge.
    This space for hire.
    • chijiokeike
    • By chijiokeike 7th Nov 18, 7:50 AM
    • 2 Posts
    • 0 Thanks
    chijiokeike
    Thanks waamo,

    If you do come to an agreement at mediation, does it then mean the court application fee gets reimbursed to the claimant as you don't end up going to court?
    • waamo
    • By waamo 7th Nov 18, 8:21 AM
    • 6,537 Posts
    • 8,661 Thanks
    waamo
    Thanks waamo,

    If you do come to an agreement at mediation, does it then mean the court application fee gets reimbursed to the claimant as you don't end up going to court?
    Originally posted by chijiokeike
    There are two fees when applying for a claim. There is an application fee just to put the paperwork in. AIUI this would not be refunded as the work to process the application has been done. Part of that work is arranging mediation.

    There is also a hearing fee paid later to progress the claim to a hearing and pay for that hearing. That would no longer need to be paid.

    You can negotiate in mediation that the dealer also refunds your application fee if you wish. Negotiations are up to you and what you are prepared to settle for.
    This space for hire.
    • maddad514
    • By maddad514 9th Nov 18, 2:46 PM
    • 2 Posts
    • 0 Thanks
    maddad514
    In all the help documents available on Money Claims I cannot find a definitive "reasonable time" to wait after a debt has fallen due and not paid? I have a contractual agreement that states I should get paid a fixed rate each month for a holiday rental property. How long should I wait after a payment date has been missed before I start any Money Claim actions. I have been in daily contact, some days multiple times by phone and email, with the company who each day have said they would reply with an answer which has so far not materialised.
    How can I check if the company is in financial difficulties and unable to pay its debtors?
    On companies house their accounts submission for last year is still outstanding. Is this a warning sign?
    • donnakebabnew
    • By donnakebabnew 13th Nov 18, 11:12 AM
    • 1 Posts
    • 0 Thanks
    donnakebabnew
    Advice Required
    Hi can someone offer me advice. We paid for a tiler to tile out kitchen, hallway and bathroom floor. He tiled the hallway and kitchen over a year ago and shortly after tiles started coming loose and rocking and some cracked. We told him and said he would come and look and would also finish the bathroom. Dates were made and cancelled and messages ignore for over 8-12 months. Once we said we would have to go to court he turned up looked at the tiles and apologized and said they would all need to come up and be redone again. We made another date for mid October which he cancelled again. We remade another date the week later but he never showed. I cant get hold of him and his blocked my number. I messaged him on social media which he saw and ignored. My partner has left a message from his phone as he doesn't seen to be blocked but he hasn't come back. The tiles cost us over 2k to buy and his cost was 2300 which we paid before this issue appeared. We cannot move on with our home and everyday hear tiles rocking under our feet plus the bathroom still not tiles which was also in the job to be done.

    we will now be taking him to court but the question is can he just say sorry I don't have any money even if we win and we dont get the money back? He works, he has a home and van so surely he will be made to pay? Will the court force him to pay or just say oh well he has no
    money??

    Many Thanks
    • zebra1982
    • By zebra1982 5th Dec 18, 7:09 PM
    • 1 Posts
    • 0 Thanks
    zebra1982
    mrs
    Hi
    I had hair extensions fitted at a salon, everything was fine and i paid 200, i then came back for maintenance and was booked in with another stylist who cut my hair too short, charged me 65 and a few of them fell out when i was on holiday, am i right to claim my full 200 back from the original fitting as the hair is shorter? They are offering me 65 refund but i want the 200 that orginally paid 4 months ago, am i in my right to claim this back through a court?
    • Maxxxer
    • By Maxxxer 2nd Jan 19, 10:42 AM
    • 2 Posts
    • 0 Thanks
    Maxxxer
    Quick question (hopefully!)
    Morning all,

    A quick one if i may...Long story short i bought a used car back in September from a dealer, refused it due to overheating issues and returned the car just short of 2 weeks after the purchase date. The seller only refunded me 250 at the time (full refund was 495 plus my P/X back; I got my car and 2509 on the 'promise' the rest would be paid when he returned home.

    Anyway, its dragged on and I obtained a CCJ in default at the end of November. I went through the process via the HMRC online service, which basically stops helping you at the point you obtain the CCJ.

    My question is - what do i do next? I have the debtors bank details (used to pay the deposit and by him to refund the 250) however if this is a joint account i wont get the money back via 3rd party debt order, so i am considering bailiff action, which (i think) requires a warrant of control/execution..?

    I understand i can fill out form EX322 to obtain this (if so - which Court address do i put in the box in the top right corner - 'In The' as in 'In The Court of <wherever>?) or i can do it via Money Claims Online, however I don't want to go through the whole thing again (as I seem to be having to do when filling out the MCO form) as I already have the CCJ...

    Any advise appreciated here - I realise its a very small amount of money in comparison to others on here but its more the principle of the matter - I don't want him getting away with it and doing the same to someone else (especially as he has re-advertised the exact same car for sale again, with no work done...)
    • douglasireland
    • By douglasireland 8th Jan 19, 11:55 AM
    • 1 Posts
    • 0 Thanks
    douglasireland
    enforcing a ccj
    Earlier this year I successfully obtained a CCJ against a Builder for substandard workmanship.
    I had employed him to complete me a 2 storey extension. He does not belong to any professional body such as FMB so is unaccountable for his work. He also does not advertise on sites such as checkatrade ?? In these cases I would walk away. Beware of this. Beware also how they can change company name, and charge VAT but not pay it !!!!
    My Builder works solely in Farnborough, Hampshire, and I thought because he was busy must be trustworthy.
    It was obvious that there were issues with some of his work. The Builder blamed everyone but himself, I called in other professionals for second opinions, who laughed at some of his work, yet despite this he arrogantly dismissed me.
    After many months of going nowhere I was left with no option but to take him to Court. This should not be feared if you do your homework. I called in a professional who documented all his poor work. Eventually I was successful in court obtaining a CCJ against him. I still had to use bailiffs to recover the compensation that I was awarded. He only paid up when they said they would take his vehicle.

    There is a very simple lesson here. To anyone who wants a builder CHECK THE ONLINE CCJ REGISTER. IF THEY ARE ON IT, WALK AWAY. For a few pounds it may save months of heartache and many thousands of pounds !!!!!
    Originally posted by patch111
    Hi, congratulations on your success, its good to hear a positive outcome (not that it goes any way to covering the stress, costs etc of the event itself)
    I am in a similar position, CCJ issued but claim unpaid. Hope you may have some advice on how you pursued yours. Did you take your builder to court as an individual or a company? I am struggling to work out how to enforce this as ours are a limited company (FMB registered, checkatrade 5+, no previous CCJ's, yet still the surveyors report lists their work as not complying with building regulations and 'one of the worst installs' they had seen!). As far as I am aware we cannot therefore use most of the enforcement actions and the company address seems to be an accountants.
    Really hoping for any help or advice!
    • Maxxxer
    • By Maxxxer 9th Jan 19, 3:10 PM
    • 2 Posts
    • 0 Thanks
    Maxxxer
    Re: Quick question (hopefully!)
    As an update to this, I gave in and called the number for Small Claims Business Centre based in Northampton. Despite the website stating they only deal with online claims, when i advised i had a reference with MC in it (Money Centre Online) she then directed me to the Civil claims helpdesk, as she felt it was a paper query I had..(?)

    Despite a soul destroying 40 minutes on hold, I eventually got through to a very helpful Lady, who advised me where to send the N323 (Warrant of Control, to request Bailiff visit) and even transferred me to the payment line so it would get sorted straight away.

    So, if you are not sure, it doesn't hurt to give them a call - as long as its not actual legal advice they are happy to help
    • Dumbledore55
    • By Dumbledore55 24th Jan 19, 2:08 PM
    • 1,360 Posts
    • 1,737 Thanks
    Dumbledore55
    Please can anyone tell me if Small Claims is the right place to go in these circumstances?

    I rent out the house I had before I married through a letting agency. The contract states that they will inspect the property a minimum of 6 monthly. However, until 2018 they inspected quarterly. From 7 December 2017 to 30 November 2018 the letting agency failed to inspect at all. I pushed them to do an inspection on 30 November because i’d heard from neighbours that the tenants had done a runner.

    The house was completely wrecked, two rooms flooded causing thousands of pounds of damage and my surveyor stated the flooding had been going on at least 6 months.

    I want to sue for breach of contract, I want my fees refunded for 2018 when they failed to inspect at all and compensation for loss of income while the house is uninhabitable. There wasn’t even any electricity in the house due to the flooding. They also failed to tell me that tradesmen had refused to go in the house due to the state the tenants were living in especially the smell and the fact everything was greasy and filthy. It took me 2 weeks to clear the place out of all the mouldy furniture, clothes and food left behind.

    I’m just not sure where I should take this claim so any advice would be gratefully received.
    • waamo
    • By waamo 24th Jan 19, 2:57 PM
    • 6,537 Posts
    • 8,661 Thanks
    waamo
    How much do you want to claim? If it is under 10k then it will be a small claim. If it is over 10k then it isn't and the loser may well have to pay costs for both sides.

    If you want to start the process you need to send a Letter Before Claim. This sets out in simple terms how much you want, why you want it and by when. Google for examples.
    This space for hire.
    • Dumbledore55
    • By Dumbledore55 24th Jan 19, 4:34 PM
    • 1,360 Posts
    • 1,737 Thanks
    Dumbledore55
    It will be about 2k in all but definitely under 10k. Thanks for your reply.
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