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small claims court


Brett
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looks like i may have to go through the small claims court to get monies owed. does anyone have any experience of this? how easy is it and is there I chance i could end up out of pocket through it?

 

Very easy to do using Money Claim online (certain criteria have to be met)

 

Chances of actually getting any money at the end of it, even if you are successful, very slim..:thumbdown:

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its pretty easy and the costs are limited to the court fees of about 60 quid.

have to fill in paperwork and attend on the day. As others say the big issue is enforcement, as instructing bailiffs can be more expensive than what you are owed. often people will settle before hand though as people don't want it on their credit record.

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I had to take a used car sales garage to the small claims because of the defective vehicle they sold us. They had plenty of opportunities to do things correctly. The whole process was stressful and nerve wracking. Had a lot of help and support from the Citizens Advice Bureau and won in the end. Won the price of the car and the interest on the amount from the date of the claim, and the cost of the insurance. Horrible experience, never want to have to repeat that. They had to pay the costs aswell. Not sure if its the same process when its money owed though. Phone the CAB and theyll help you.

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I had to take a used car sales garage to the small claims because of the defective vehicle they sold us. They had plenty of opportunities to do things correctly. The whole process was stressful and nerve wracking. Had a lot of help and support from the Citizens Advice Bureau and won in the end. Won the price of the car and the interest on the amount from the date of the claim, and the cost of the insurance. Horrible experience, never want to have to repeat that. They had to pay the costs aswell. Not sure if its the same process when its money owed though. Phone the CAB and theyll help you.

 

You can claim your costs and reasonable expenses eg postage, phone calls etc. The interest part would depend if you had clearly stated this in your T&Cs with your quote. :001_smile:

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looks like i may have to go through the small claims court to get monies owed. does anyone have any experience of this? how easy is it and is there I chance i could end up out of pocket through it?

 

I've done it several times and it isn't difficult.

 

You could end up out of pocket if you don't have a sound claim, or if you're chasing a limited company that gets would up, or if the other person just doesn't have any money.

 

In my experience just starting the process works straight away about half of the time as your debtor realises you are serious.

 

If you get a judgement in your favour you still need to enforce it which can be tricky, especially for small amounts. If it's over £600 it is much easier as you can transfer it up to the high court and they have proper bailiffs. Don't waste any time and money on County Court bailiffs though because they are hopeless.

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As others say the big issue is enforcement, as instructing bailiffs can be more expensive than what you are owed. often people will settle before hand though as people don't want it on their credit record.
£60 to transfer up to the High Court, and this is added to the amount you get back anyway. All the other ballifs costs are collected direct from the debtor.
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