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Reply to: Small Claims Court

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Previously on "Small Claims Court"

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  • AtW
    replied
    Originally posted by Clog II The Avenger
    The cost of a summons is about the same as a letter from a solicitor.
    And cost of summons is recoverable.

    You were probably awarded loss of earnings because you are a contractor, which of course we all are now, right?

    Leave a comment:


  • Clog II The Avenger
    replied
    Pay a solicitor

    Originally posted by TheMonkey
    I tend to ignore the small claims route. Pay a solicitor to write them a nice letter - usually gets further quicker without having to involve some snotty bastard judge.
    Paying a solicitor is not a good idea. You can not claim the costs of a solicitor back from a small claims Court. The cost of a summons is about the same as a letter from a solicitor. Another way is to fill in the Court form, don't get it stamped by the Court and fax the filled in form to the defendant with a fax cover saying that you will take the form to the Court if they don’t pay within 24hrs. (this worked well when I had a claim against Tesco for faulty goods. They paid within hours.)

    When I sued an agent who was slow in paying; I was awarded loss of earnings and travel expenses for attending Court

    Leave a comment:


  • TheMonkey
    replied
    I tend to ignore the small claims route. Pay a solicitor to write them a nice letter - usually gets further quicker without having to involve some snotty bastard judge.

    Leave a comment:


  • AtW
    replied
    Originally posted by Clog II The Avenger
    (travel, loss of earnings etc)
    You may not get loss of earnings - on my court date I took day off from work, so in theory I lost earnings, but judge said that since what I took was part of my holiday allotment, I did not really lose money, so it seems I should have actually taken unpaid day off and hope that it will be covered, which it may not be.

    The harder part may be getting the money after you win.

    Leave a comment:


  • DGK
    replied
    Damn, I was going to fight this myself

    Perry Mason style

    Leave a comment:


  • DimPrawn
    replied
    Illegally parked Tardis.

    Leave a comment:


  • wendigo100
    replied
    Originally posted by Gold Dalek
    Remember:

    If you are claiming through your company you cannot represent yourself

    Mine took 1.5 years from start to finish ( they settled out of court)
    Was that a claim against The Doctor?

    Leave a comment:


  • Gold Dalek
    replied
    Remember:

    If you are claiming through your company you cannot represent yourself

    Mine took 1.5 years from start to finish ( they settled out of court)

    Leave a comment:


  • Clog II The Avenger
    replied
    Smc

    Allow for delivery of papers to the Defendant 14 days offer having the Court stamp your papers.
    Allow 14 another days for Defendant to reply with a defence.
    If no Defence then ask Court for Judgement.
    If a defence; prepare your papers and exchange copies with the Defendant and ask Court for Hearing date (this may take between 28 days and three months)
    If you win the Defendant should pay up plus your costs (travel, loss of earnings etc) but not any solicitors costs.
    (You can charge £8,30 per hour for preparation of the case)
    If the Defendant does not pay up you then need to apply to the Court for enforcement, (Bailiff etc.)

    Leave a comment:


  • Mailman
    replied
    About this long mailman holds hands apart

    Im sure when you file your claim online it comes up with an indicative time for the hearing?

    Mailman

    Leave a comment:


  • DGK
    started a topic Small Claims Court

    Small Claims Court

    Any idea roughly how long it takes for a claim to make it to the courtroom?

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