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Small Claims Court - Anyone used it?

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    #11
    I used small claims court over a dispute over a repair to my car. I'm a sensitive soul so must admit I found the whole process really rather trying. And financially it was not the storming success I'd anticipated.

    As much as I've tried to erase the whole process from my mind, here's the little I remember, some of which is supplementary to the information jonnyboy recounted above, from my small claims experience.

    The court process costs you every step of the way. You (as you are the instigator) pay to register the case, there's another cost (I forget what for), you then pay (£300, I recall) for the actual hearing, you pay (£500+, as I recall, though I can;t see you needing one in this case) for a statement from an expert witness. You pay to send each and every correspondence registered post to both court and "defendant". But most of all you pay in emotional energy and lost sleep. But maybe that last part's just me.

    There are ways of reducing all of the costs.

    When registering the case one of the questions you are asked is if you are prepared to take part in a negotiation session (it was called summat else, but I forget what) where you, defendant and facilitator meet (or maybe in conference call) to try and resolve the case before it gets serious. As the guy I was chasing for cash had shown no interest in any kind of compromise I said "No" to this. This was a mistake, because months and a lot of misery and expense later this is what I ended up doing in front of a judge at my own expense. I was after 4K, simply to end the whole sorry process I settled for £2K, yet I spent over £1K on various costs. Coincidence maybe but I also developed IBS during the stressiest parts of the process.

    Hopefully, as long as this supplier realises you aren't making idle threats he'll do what any decent person would do and settle. Otherwise he's an idiot. If he is an idiot then I wish you well.

    I am going to PM you my one top tip, which is morally dubious at best but very helpful.

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      #12
      Originally posted by I just need to test it View Post
      ---
      When registering the case one of the questions you are asked is if you are prepared to take part in a negotiation session (it was called summat else, but I forget what) where you, defendant and facilitator meet (or maybe in conference call) to try and resolve the case before it gets serious. ...
      Mediation?
      Down with racism. Long live miscegenation!

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        #13
        Yep. cheers.

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          #14
          Originally posted by NotAllThere View Post
          Mediation?
          After which is Arbitration then Adjudication, all known globally as (ADR*) then Litigation

          The courts like to see you try to make an effort pre litigation
          (based on the C&T Courts)

          *Alternative Dispute Resolution
          Growing old is mandatory
          Growing up is optional

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            #15
            I went the small claims court for unfair deductions to rent after discovery the deposit wasn't in one of the required gov schemes.

            Landlord's arrogance cost him in the end, the result was a euphoric sense of justice (the deductions were legitimately unfair).

            The build up to the hearing is admittedly a bit nerve wrecking.

            I'm with the others, sometimes: principle > dinero.

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              #16
              How onerous is the application to get on Judge Rinder?

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                #17
                Also if you run a business where clients paying is a challenge you need a reputation for not letting anyone get away with it.

                My Parents were down the court 2-3 times a month with multiple customers not paying. But if they didn't they would be there every day. Customers who would cross the Vat man would pay the Vetrans senior.
                Always forgive your enemies; nothing annoys them so much.

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                  #18
                  I once took a clientco to the small claims court, they owed me about £15K plus interest (8% over the base rate, which was quite high at the time).

                  They paid in full as soon as they received the papers from the court. In fact, they paid the interest twice. I kept it in an account ready for if they ever asked for the dual payment back, but they never did.

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                    #19
                    Originally posted by Halo Jones View Post
                    After which is Arbitration then Adjudication, all known globally as (ADR*) then Litigation

                    The courts like to see you try to make an effort pre litigation
                    (based on the C&T Courts)

                    *Alternative Dispute Resolution
                    That's why the government put loads of ombudsmen in place.

                    Unfortunately some of them are well-known to be fecking useless e.g. mobile phones, furniture and other ones e.g. financial services can be ignored by their members in complex cases which means you have to go to court with the ombudsman’s ruling.

                    However if they are there you are suppose to try and use them, and if your case is complex it may help you if you have to go to court.
                    "You’re just a bad memory who doesn’t know when to go away" JR

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                      #20
                      I've used small claims about a dozen times, and won all but one.

                      Should have been a lawyer.

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