Small Claims Court

[TWR]

has anyone started this procedure? do you find it easy?

[hc4361]

Yes, it's straightforward but you do need to know what you hope to achieve before you start.

[Peter Pedant]

and you have to start it electronically here

https://www.moneyclaim.gov.uk/web/mcol/welcome

before which you hve to read this load of old carp

http://www.justice.gov.uk/downloads/courts/mcol-quickstart-guide.pdf

and there is no escape - you have to do it like they say

but yeah - you know I have done it
and got the money I otherwise wouldnt have ....

[tezmand]

I took a furniture company to the small claims court and won found it very easy just had to fill in forms and attend court but it was about 12 yrs ago I guess its all changed to online now

[TWR]

Thank you all, PP very helpfull, HC, I'm aware of that, Tez, I like that.

[Peter Pedant]

tezmans probz did it on paper twelve years ago
but now you have no choice.

and it IS quite different - paper and electronic
but I dont want to put your off

in one recent case (!) there were four registrars to hear the list and six cases so two 'had' to go down ( mine was one ) so the registrar started ossing around and delayed the case so that the absent defendant could answer because 'she obviously hadnt had the papers' when erm she obviously had. Then he made a court order that couldnt be obeyed

so when it came to be heard eight weeks later the next registrar said "no one makes an order like that " and asked to see it.... and when I handed it to him he commented 'oh' -

so it was registrar friendly and not particularly user-friendly
but that is the justice system for you innit ?

this comment by the way is not meant to put your off
other times it has been straight forward

you go in put your case and come out with an award
( and the fella possing you off comes out with a CCJ which I have to say is worth all the effort )

[Gromit]

I once did one.
I do not remember it being difficult, but mine was 20 years ago.

Be warned, often it is spending good money after bad.

The judgement went in my favour and my costs were to be paid by the other side. Unfortunately they never paid me a penny and closed the company a few months later, opening up right away under a new name (Same people, same work, same address).

[Peter Pedant]

yeah G
it has to be worf it ....

not suing a man of straw was one of the early lessons at law skool
[I am not a lawyer]

The peak of the paper system which has gone now was very user friendly
and the computer system is not so good
but it is early days
The case which went 'badly wrong' I had heard the clerks of the court commenting that "six into four wont go" so it was pretty obvious he wasnt going to hear it. we were called at 11 am with 'wigs off and tiffin' at 1300 and he waved a document at me and said, 'This ISN'T a skeleton argument!' and where is the attestation and blah blah blah ?

and I felt like saying ( but didnt, I simpered and said there isnt one sir ) "look so fracking what ? it is a document to assist the court and the whole point of this court system is that it is more informal and less officious but clearly not today and clearly not with you."

well reader you can understand why I didnt say THAT

[TWR]

Thanks P.P. I'm not the person for backing down when I know the fault was definitely caused by the product I bought.

[Peter Pedant]

Hmm read up product liability
from what you say you are pretty obviously covered