DarrenW
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| posted on 6/8/09 at 09:29 PM |
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Small Claims Court - any experience
My turbo supplier wont acknowledge my warranty claim. Cutting long story short - i want to take them to court. Has anyone ever done this? What im
really wondering is that if worst case i lose the claim how much is it likely to cost me? Someone said it is possible that i will just have to pay a
nominal application fee and nothing more, is that right? I dont want to claim £750 and end up paying thousands in costs.
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MikeR
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| posted on 6/8/09 at 09:53 PM |
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Try talking to the citizens advice bureau. Lad at work sued his dry cleaner when he lost a 700 pound suit. Got 500 pounds back.
I think small claims is different to normal court. Be careful, in court he with the biggest pockets often wins.
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UncleFista
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| posted on 6/8/09 at 09:53 PM |
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It'll be a fixed fee, if you lose, there's no costs to pay unless it's a "vexatious" claim (basically you're just
claiming to cause hassle, with no actual case), I've never heard of it actually taking place.
As it's a private individual claiming against a company, they'll have to attend your local magistrates court. If it's a lonf way
from their base, there's a good chance they won't turn up and your claim will suceed in their absence 
IANAL (I am not a lawyer  )
Tony Bond / UncleFista
Love is like a snowmobile, speeding across the frozen tundra.
Which suddenly flips, pinning you underneath.
At night the ice-weasels come...
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UncleFista
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| posted on 6/8/09 at 09:56 PM |
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quote:
Originally posted by MikeR
Be careful, in court he with the biggest pockets often wins.
Not on the small claims track, just a magistrate deciding on the balance of credibility/evidence.
From what I hear, it's a lot less painful than people expect
Tony Bond / UncleFista
Love is like a snowmobile, speeding across the frozen tundra.
Which suddenly flips, pinning you underneath.
At night the ice-weasels come...
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jwallbank
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| posted on 6/8/09 at 09:57 PM |
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Small Clains Court
Have a look at the Money Claim Online service. The link below gives details of costs. If you also look at the home page from that link it will give
you more details.
http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50_web_0709.pdf
The more info can be found on the following link:
http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm
Good luck.
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x_flow57
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| posted on 6/8/09 at 10:46 PM |
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I went through it once, took an ex-employer there for unpaid wages (won  )
As others have said there is a fixed fee and no more to loose. But beware if you need "expert witnesses" I seem to remember that you will
have to pay for them.
Nick
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ChrisW
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| posted on 6/8/09 at 10:47 PM |
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It's very straight forward, used it a couple of times in the past. However, you need to be very careful to follow what's called CPR1
(Civil procedures rules) which specify the action you should take leading up to the claim. The major one being that you must send a 'letter
before action' stating your case, and setting out what you intend to do should a satisfactory resolution not be forthcoming.
The best trick I've found is to download the claim form from the Internet, fill it in giving as much detail as possible (seriously, go right
over the top). Write 'In advance of action' clearly on the top of both pages, and then send recorded delivery with a basic covering
letter to said company. I can email you an example if you need one - email me!
In my experience this usually results in the defendant paying up pretty damn quick!
Oh, and has been said, it's about £30 to issue proceedings, which you should enter on your form as costs. If you loose, worst case,
you're down £30, unless it can be proved that you had no basis for the claim and/or lied on the application.
As with post above, I'm not a solicitor, just had to do this a few times in the past!
Chris
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r1_pete
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| posted on 7/8/09 at 07:13 AM |
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I took Magnapave Sheffield, who laid my block paving to small claims court, after the drive sank and sagged, I won the case £5000, which I think is
the limit.
In total it cost me just short of £250 in court and other fees, he didn't pay up and is now paying me £10 a month.
Result - I think not
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02GF74
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| posted on 7/8/09 at 08:08 AM |
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google the web for the particular company - they may have a history.
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woodster
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| posted on 7/8/09 at 09:34 AM |
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i agree with whats been said above ^ but would like to add speaking from painful experience try to sort it out without court and stay well away from
solicitors ........ been there had the breakdown
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Miketheconn
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| posted on 7/8/09 at 02:40 PM |
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quote:
Originally posted by jwallbank
Have a look at the Money Claim Online service. The link below gives details of costs. If you also look at the home page from that link it will give
you more details.
http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50_web_0709.pdf
The more info can be found on the following link:
http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm
Good luck.
Hi used to work at Salford County Court many years ago(the wife still does)
I havent kept up to date with the fees but the links in jwallbanks post are the official links for the County court.
Citizens Advice will probably only be able to give you limited advice. They still need to fill out legal aid forms to give you anything detailed but
they are a very good start.
If you attend the County Court Office between 10 and 4 the staff there can give advice on the proceddure but they cannot provide any legal advice 1.
they are impartial and 2. They are not qualified to give legal advice.
Just to clear up some errors above the County Court is not the same as the magistrates court however since the rationalisation of teh court service
these courts may be located in the same building.
The judge who presides over a small claim is a District Judge however if your claim is of a significant value and does not fall within the rules of
the small claim proceedure it may be refered to a circuit Judge. It may if it is a huge sum of money ne refered to the high court but never the
magistrates
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Miketheconn
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| posted on 7/8/09 at 02:41 PM |
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Forgot to say you don't need a solicitor.
Many also be worth having a word with trading standards, they may be aware of the company already
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DarrenW
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| posted on 12/8/09 at 09:14 PM |
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Thanks all for replies. Im on holiday at the mo - hence no response for a while. Will take a better look when i get back. Sounds doable.
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