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July 3 2022 6.55am

Small claims court

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View The Dolphin's Profile The Dolphin Flag 07 Jun 22 5.10am Send a Private Message to The Dolphin Add The Dolphin as a friend

In the old days the small claims court was easy and I used it successfully on a number of occasions.
Nowadays I find it far more laborious and rarely use it unless it is absolutely necessary.
the last time took two years and bailiffs but I got the money and it cost the guy a further £2k in costs - ridiculous that people let it get that far.
The other issue - as posters have highlighted - is that there are so many fraudsters out there who know how to play the game better than us honest joes that the system struggles to counter them.

 

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View Dubai Eagle's Profile Dubai Eagle Flag 07 Jun 22 6.26am Send a Private Message to Dubai Eagle Add Dubai Eagle as a friend

I think also there is a general change in attitude towards getting a CCJ against your name, when we were growing up it was seen as quite a bad black mark against your name, these days it seems as though people just dont care.

 

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View Dubai Eagle's Profile Dubai Eagle Flag 07 Jun 22 6.36am Send a Private Message to Dubai Eagle Add Dubai Eagle as a friend

Glad you got a more successful outcome Groover-
My wife took all this quite badly in terms of emotional upset-She is a very up straight woman, She went onto his Facebook & new Instagram accounts & new company website & posted bad reviews - as in- previously traded as ................ closed company to escape court ordered debts etc, he spent about 3 months closing down online accounts & making new ones, it didn't get us any more money but it helped my wife to know she was causing him considerable inconvenience.

In the end we stopped as Forest Hillbilly (I think) mentioned we do know the guy has a bit of a chequered past, he knows where we live & knows bigger guys so ultimately we ended up just accepting that we had been screwed, put it down to experience & tried to move on with our lives.

Originally posted by The groover


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 Dubai Eagle's Profile Dubai Eagle Flag 07 Jun 22 6.48am Send a Private Message to Dubai Eagle Add Dubai Eagle as a friend

I suppose the first time someone is personally made bankrupt its probably quite upsetting, but once they have been through the process & can see that nothing really bad happens (especially if they can put any major assets into someone else's name) they cant change the past, the fear element subsides & they stop caring about how the bankruptcy thing looks & as time progresses perhaps convince themselves that companies factor in losses down to bad credit payments & begin to feel that if companies are daft enough to let them have stuff on tick then they deserve to be fleeced & the whole cycle begins again.

Originally posted by Badger11


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.

 

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View Badger11's Profile Badger11 Flag Beckenham 07 Jun 22 6.52am Send a Private Message to Badger11 Add Badger11 as a friend

Originally posted by Dubai Eagle

I think also there is a general change in attitude towards getting a CCJ against your name, when we were growing up it was seen as quite a bad black mark against your name, these days it seems as though people just dont care.

Exactly my point. Down the pub guys have boasted about getting away with it.

 


One more point

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View cryrst's Profile cryrst Flag Chatham 07 Jun 22 10.32am Send a Private Message to cryrst Add cryrst as a friend

Originally posted by Badger11

Exactly my point. Down the pub guys have boasted about getting away with it.

An old acquaintance or ‘pub mate’ got done for 1 million tax evasion about ten years ago. Did one year bird. No fines so whatever got squirrelled away is his.
Now in a five bed house with cash pouring in from his former business re opened.
Makes you wonder if being straight up is really a perk of life.

 

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View AERO's Profile AERO Flag 07 Jun 22 7.16pm Send a Private Message to AERO Add AERO as a friend

As previously mentioned haven't got a court date yet but will let you know outcome when done and also a few more unscrupulous details the Estate Agents and planner used .Hopefully get my dosh back.

 

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View Nicholas91's Profile Nicholas91 Flag The Democratic Republic of Kent 07 Jun 22 7.37pm Send a Private Message to Nicholas91 Add Nicholas91 as a friend

Originally posted by AERO

As previously mentioned haven't got a court date yet but will let you know outcome when done and also a few more unscrupulous details the Estate Agents and planner used .Hopefully get my dosh back.

All the best AERO what a pain in the a**e. Be interested to hear how you get on however.

I asked a family member (solicitor) in general about small claims court and apparently far removed from the US dramas you see on TV. If the evidence is on your side, should be pretty straightforward. Go in with real ambiguity, unsubstantiated claims, hearsay and what have you and apparently you'll be laughed out.

 


Here's to you the famous red and blue.....

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View AERO's Profile AERO Flag 07 Jun 22 8.12pm Send a Private Message to AERO Add AERO as a friend

Thanks Nicholaso9. Got plenty of evidence thanks to phones emails texts etc.

 

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View Jimenez's Profile Jimenez Flag SELHURSTPARKCHESTER,DA BRONX 07 Jun 22 11.46pm Send a Private Message to Jimenez Add Jimenez as a friend

Originally posted by Nicholas91

All the best AERO what a pain in the a**e. Be interested to hear how you get on however.

I asked a family member (solicitor) in general about small claims court and apparently far removed from the US dramas you see on TV. If the evidence is on your side, should be pretty straightforward. Go in with real ambiguity, unsubstantiated claims, hearsay and what have you and apparently you'll be laughed out.

Yes I tend to agree with that statement, A few years ago me & a friend were working in Winchester & the contractor bumped both our wages, I was quite willing to shrug my shoulders & put it all down to being 'just one of those things' my friend had other ideas & was adamant we should take him to the small claims court & so we did.
We ended up in Southampton County court (I think) & basically it was just like walking into a headmasters study rather than all the wigs & so forth you see on TV.
Needless to say the contractor didn't even bother to turn up so we won are case easily, the only problem was the contractor still wouldn't pay so we took out a garnishee order on him & then he did pay up.

 


Pro USA & Israel

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View Dubai Eagle's Profile Dubai Eagle Flag 08 Jun 22 7.36am Send a Private Message to Dubai Eagle Add Dubai Eagle as a friend

Aero, One thing I would recommend is to make sure that you read the court documents properly, in my case they sent me more documents about 9 months before any court date was set with a specific date to submit all of my evidence by, (using signed for post service) so if you have the same obviously its quite important not to miss that submit by date.

Originally posted by AERO

Thanks Nicholaso9. Got plenty of evidence thanks to phones emails texts etc.

 

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View AERO's Profile AERO Flag 08 Jun 22 8.49am Send a Private Message to AERO Add AERO as a friend

Thanks .Just received those documents. Need to return them by end of month.Presume the Court date is a bit away yet then ?

 

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