'Small Claims' Court

[DaFoot 10]

I looked into taking to someone through the so called small claims court maybe 5 or 6 years ago to recover a debt for work I had done. After consultation with CAB and a long think it turned out it probably wasn't going to be worth doing.

 

Just wondered if anyone has been through the process recently (preferably locally) and wether the process has changed so it is a more viable option?

[Loops 10]

I havent any experience of doing a small claims court process but what I can tell you is that you can also log a claim online by visiting the link below.

 

https://www.moneyclaim.gov.uk/csmco2/index.jsp

OR you can go through your local county court.

 

If the person you are pursuing puts in a defense the hearing will be held at a court near them but Im sure Citizens Advice Bureau will have given you the relevant info.

[willman 10]

i'm planning to take a carpet company through small claims. the carpet fitter pierced a gas pipe which cost me £80 to get repaired.

no recompense from the carpet company or there insurance,i have phoned and written. next step on line small claims court - at least they have to pay the fees back as well. lucky for me they are an established local company so unlikely to be able to claim insolvency problems for £80,inluke individuals.

[DaFoot 10]

Could you pls keep us up to date with the process Willman?

[davyboy 19]

I sat in as an observer in a "small claims court" (it's not called that any more by the way) and was amazed how informal it was.

Totally unintimidating..the judge is in a dark suit, the adversaries sit on opposite sides of the table, state their case, produce the evidence to back their claim and sit back while the judge gives his verdict..

Many people are put off going to the court as they think it's all wigs and gowns but it isn't.

The judge is no fool and won't stand for bull**** but the judge I saw was very reasonable and knew that people were nervous as they didn't do this this every day every day of the week and was quite sympathetic.

So my advice ...go for it

[DIVA 10]

I sat in as an observer in a "small claims court" (it's not called that any more by the way) and was amazed how informal it was.

Totally unintimidating..the judge is in a dark suit, the adversaries sit on opposite sides of the table, state their case, produce the evidence to back their claim and sit back while the judge gives his verdict..

Many people are put off going to the court as they think it's all wigs and gowns but it isn't.

The judge is no fool and won't stand for bull**** but the judge I saw was very reasonable and knew that people were nervous as they didn't do this this every day every day of the week and was quite sympathetic.

So my advice ...go for it

 

My experience exactly, and I second the advice.

[DaFoot 10]

Last time I thought about doing this tere were fees to get going (not a lot, say £30 or so), any idea if I'd be able to get defendant to pay these in addition to the debt if I won?

[Mo 10]

Last time I thought about doing this tere were fees to get going (not a lot, say £30 or so), any idea if I'd be able to get defendant to pay these in addition to the debt if I won?

 

 

Yes you would if the ruling goes in your favour. I've used the smalls claims service twice. Ist time the case was heard but the second time the case was settled before it went to court.

 

Reasonably easy to do.

[mikey10 10]

i attend county courts frequently to represent my employer. the hearings are usually in chambers, basically a room with a desk in. so its not intimidating. theres no guarantee who will win, so if you take someone to court and loose, you wont get your costs back. worse still you could have to pay the other sides as well. we pay £150.00 fee to take people to court, dunno if its the same for small claims. so if its not cut and dried it may be a bad idea, if the award you want is less than the fee. judges are a funny bunch and sometimes surprise everyone with thier ruling so be warned!

[macdee 10]

Is there a time limit for takeing someone to court after the incident?

[Mo 10]

Why not take a look here http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

 

It should tell you all you need to know

[Tripitaka 10]

time limits are 6 years for property damage and non injury related claims. 3 years for a personal injury claim.

 

Process is fairly easy, just be aware that once you make a claim, you must have the evidence to back up your claim. The onus is on you to prove that you have been wronged.