Making a claim in a small claims court

parmoboy

parmoboy

Well-known member
Looking for some advice if anyone has any experience of this.

Please send me a private message if you think you can help, as I'd rather not discuss it on here.
 
parmoboy said:
Looking for some advice if anyone has any experience of this.

Please send me a private message if you think you can help, as I'd rather not discuss it on here.
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Hello mate,

I did it recently for the first time - very simple to do to be honest - step by step on their website.
 
Someone I know did it recently against a removal firm over a small wooden box that she didn't care about, but was hacked off about the way she was treated.

I don't know how it turned out. Sorry I can't add anything more useful.
 
Before you act look up Making a Statutory demand . It's another tool in the box for recovering debt. Didn't know about it till I saw a case describe it on TV about 2 years ago.
 
Its fairly easy for small claims and stat demand. You just need to ensure you've given written instruction that you are taking the action against the person or company you are dealing with, best to hand deliver. I've done it twice and been successful against companies but not against an individual. Generally it will be sorted through mediation or the company pays up if they are definitely liable to the costs. https://www.gov.uk/make-court-claim-for-money - the amount you pay will depend on how much you're trying to get back, hope that helps.
 
The first place to start is indeed to give more than one opportunity for the opposite party to either pay, ignore or respond.
Using traceable signed for mail ( or as suggested hand delivered). Three or more times is better ( least I have found) as it shows you are being more than fair and reasonable. Successful in getting a deposit returned for my ex- wife from her landlord and damage repairs after young guy first offered to pay, then reneged- on this one I got his wages garnished.
 
Send several letters stating your side of the case, asking for the matter to be resolved, and mention what (if any) response you have had. Include a reasonable time limit for a response - if it's a company, then 2 weeks is reasonable. Longer for individuals.

In the third or fourth letter - depending on how strongly you feel, and the amount involved, conclude the letter with your intent to take legal action.

If you end up taking action, then on the forms - online or paper - take time to fully document what has happened. Avoid aggressive language and don't be judgmental. Explain, clearly, fully and with perfect grammar, what loss you have suffered. If you aren't confident about your writing skills, then get someone to help. Explain the steps you have taken to try to resolve the issue, and the response, if any. Be realistic about your claim. You will be able to claim the court costs and the full value of your loss, but don't exaggerate it.

Turn up on the day and make sure you have ALL the docs with you. English county courts lose documents every day.

Be prepared to summarise your case. There's no need to be nervous, the judge will not be in robes or anything. Bear in mind it's likely that the judge will not have seen the docs or heard your case before he sees you.

Speak clearly and respond when asked questions. Don't interject.

If you win, make sure you get some agreed time frame for payment from the defendant.
 
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