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July 5 2022 1.47am

Small claims court

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View AERO's Profile AERO Flag 02 Jun 22 8.20am Send a Private Message to AERO Add AERO as a friend

I am awaiting a date to claim back 2k of a planner/developer .Anybody got any experience of these courts ? I've already had won a claim against Estate Agent in same case through Property Ombudsmen any advice or experiences would be welcome .

 

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View JRW2's Profile JRW2 Flag Dulwich 04 Jun 22 3.00pm Send a Private Message to JRW2 Add JRW2 as a friend

As you've already used the Court and won, it seems to me that you don't need any advice. But for what it's worth, I've used and won three times. On each occasion I was claiming against a driver - or, I suppose, his insurer - who had caused a collision and was refusing to pay my excess, thereby damaging my no-claims record. On one occasion I had to go to the court, but the other side never turned up, and so was automatically ordered to pay up. On the other two occasions the serving of a claim was enough in itself to win the case without further ado.

I probably don't need to tell you that the process is very straightforward and you don't need the services of a solicitor or the AA/RAC.

 

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View Forest Hillbilly's Profile Forest Hillbilly Flag in a hidey-hole 04 Jun 22 3.38pm Send a Private Message to Forest Hillbilly Add Forest Hillbilly as a friend

I think Aero should update us. My own situation was I took a small claims to county court, and the opposition never showed up. The court found in my favour, but then the guilty party didn't pay up. I had to get court bailiffs which was loads of time and money spunked, and they never got the bloke.
I was advised to take it up another level to the High Court, where they had much more powers to enforce, but couldn't afford to.

Edited by Forest Hillbilly (05 Jun 2022 11.40am)

 


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View Dubai Eagle's Profile Dubai Eagle Flag 04 Jun 22 4.03pm Send a Private Message to Dubai Eagle Add Dubai Eagle as a friend

I had a builder make a mess of a job, he refused to correct it blaming anyone else but himself, I chased him for a year through phone calls, email, letters & eventually took him to county court (the amount was about 6000) the court initially recommended arbitration to which he agreed to but ultimately didn't participate when it came to it, wasting another 6 months in the process, the case was eventually heard in court, the builder offered no legitimate defence so the judgement was awarded in my favour, the builder eventually paid about 1000 in instalments & then filed for bankruptcy, winding up his company, then 5 minutes later was trading again under a newly formed company - we got nothing more out of it-

 

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View JRW2's Profile JRW2 Flag Dulwich 04 Jun 22 4.37pm Send a Private Message to JRW2 Add JRW2 as a friend

Yes, those are two sad stories. I suppose the relevant point in my own three cases is that they all involved big, well known companies.

The law that seems to allow bankrupts to start trading again after leaving a trail of creditors behind them is an affront to justice.

 

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View AERO's Profile AERO Flag 05 Jun 22 10.14am Send a Private Message to AERO Add AERO as a friend

Thanks guys helpful advice and info .The latest update is the case won against Estate Agents by the ombudsman was nothing although related to do with the planner/developer. Although should help my case .He the developer did the same he withdrew from mediation after initially agreeing to it.Costing me time and money .Awaiting a court hearing but basically it's a greedy planner/developer out to get as much as he can although he made an extra 10k out of sale .

 

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View Badger11's Profile Badger11 Flag Beckenham 05 Jun 22 10.42am Send a Private Message to Badger11 Add Badger11 as a friend

Originally posted by JRW2

Yes, those are two sad stories. I suppose the relevant point in my own three cases is that they all involved big, well known companies.

The law that seems to allow bankrupts to start trading again after leaving a trail of creditors behind them is an affront to justice.


It's not just companies I mentioned before somebody I knew was made personally bankrupt 4 times over about 20 years. The courts never bothered to look at his debts which if they had would have shown multiple purchases of high end luxury items e.g. Iphones / TVs / Game stations etc.

He would buy them on tick use it for a couple of months then sell for cash and of course not pay the money owed. It was fraud pure and simple, it turned out lots of people have been doing this. You can get away with it if you do not own any property or a car (his car was in his sisters name).

I guess you could blame the companies for lending him the money but the law does seem wrong in these cases.

 


One more point

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View The groover's Profile The groover Flag Danbury 05 Jun 22 11.03am Send a Private Message to The groover Add The groover as a friend

Originally posted by Dubai Eagle

I had a builder make a mess of a job, he refused to correct it blaming anyone else but himself, I chased him for a year through phone calls, email, letters & eventually took him to county court (the amount was about 6000) the court initially recommended arbitration to which he agreed to but ultimately didn't participate when it came to it, wasting another 6 months in the process, the case was eventually heard in court, the builder offered no legitimate defence so the judgement was awarded in my favour, the builder eventually paid about 1000 in instalments & then filed for bankruptcy, winding up his company, then 5 minutes later was trading again under a newly formed company - we got nothing more out of it-


I had the same situation with a Bi fold door company. Won my case and he still never paid or installed the doors. He then put his company into receivership and started a phoenix company next day.

So I contacted his suppliers and informed them he was a crook putting it in writing. I then rang them and asked to speak to the sales director. I told him that the bloke was claiming to be an authorised dealer for them, when I knew he wasn't. He stated that he absolutely wasn't doing so. I sent him a picture of his previous website. He was also stating a 2 week supply and fit install. They could not even make them in that time.

I asked the suppliers if they really wanted to be associated with a known crook who was defrauding customers in their good name?

He asked me what I wanted them to do.

I said tell him you wont supply him until he fits my doors or gives me my deposit back.

They did. He was on the phone to me 4 hours later

He fitted the doors and then pestered me for payment and to tell his suppliers I was satisfied.

I said once I'm sure they are OK in a couple of weeks time. I also told him that I would only be paying him the difference after my costs for the small claims court. Which I did about 6 weeks later.

All very satisfying and an example of persistence paying off.

Hope it all works out for everyone that's been screwed.

 

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View cROYdonrogers's Profile cROYdonrogers Flag Leamington Spa 05 Jun 22 11.13am Send a Private Message to cROYdonrogers Add cROYdonrogers as a friend

The process works and is fairly easy. If you've a genuine case go for it. There are however no guarantees even if you win, as evidenced by some stories above.
A solicitor acquaintance of mine once told me 'you can get as many judgements as you like, but its enforcing them when the hard work starts'
My last efforts on behalf of my daughter were against Ryanair - a satisfying victory!

 

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View The groover's Profile The groover Flag Danbury 05 Jun 22 11.22am Send a Private Message to The groover Add The groover as a friend

I much preferred the old days when you could just send the boys round!

 

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View Forest Hillbilly's Profile Forest Hillbilly Flag in a hidey-hole 05 Jun 22 11.49am Send a Private Message to Forest Hillbilly Add Forest Hillbilly as a friend

'sending the boys round' can be quite a successful tactic. However, you have to know your opponent, and be sure that they don't have access to a bigger van with bigger boys.

I did end up calling at the debtors house on 2 occasions, but he had his curtains shut (even though I could hear the TV on) and wouldn't answer the door.

I was already 1000 down at that point (with the County Court costs), and pursuing via legal, or other, routes would have put me well over a couple of grand down, with no guarantees.

Hope the OP has better luck.

 


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View AERO's Profile AERO Flag 05 Jun 22 11.55am Send a Private Message to AERO Add AERO as a friend

Thanks I am down just over 2k at moment.But got awarded ?750 by P O, so kinda playing with there money by taking him to small claims court.Even if I don't succeed in my claim I will make him work for it .

 

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