CRA 2015 and the Small Claims Court

[Dustydog]

PCv have finally woken up to our numerous complaints about poor caravan products.👏👏

In the June edition they have written a very reasonable article about Warranties and how to achieve a settlement.
A good explanation how the Small Claims Court / County Court operates and how easy it is for the lay person to pursue a claim upto £100k.
All geared up for a diy result.

 

[otherclive]

That’s a good move, hopefully the industry will take note that there’s potentially a wider customer awareness.

 

[Mr Plodd]

Pcv??

 

[otherclive]

Pcv??

Practical Caravan?

 

[toad a caravan]

Personal computer virus 😄

 

[Dustydog]

Practical Caravan?

Since the Forum's inception

 

[Buckman]

PCv have finally woken up to our numerous complaints about poor caravan products.👏👏

In the June edition they have written a very reasonable article about Warranties and how to achieve a settlement.
A good explanation how the Small Claims Court / County Court operates and how easy it is for the lay person to pursue a claim upto £100k.
All geared up for a diy result.

I think you mean the limit in the Small Claims Court is £10000 and not £100k? Probably all new caravans exceed £10k which is why it is pontless using the Small Claims Court in many cases. If you have a new caravan under warranty repaired at your own cost, you probably stand zero chance of winning.

 

[Dustydog]

I think you mean the limit in the Small Claims Court is £10000 and not £100k? Probably all new caravans exceed £10k which is why it is pontless using the Small Claims Court in many cases. If you have a new caravan under warranty repaired at your own cost, you probably stand zero chance of winning.

That’s correct👍 . I misread it. It says £200k🙀

The Small Claims Court is part of the County Court as we know . PCv are saying for a small fee us mere mortals can bring a claim without the need for a Solicitor.

I don’t know if this is correct and does it take us in a new direction away from what we all previously understood?

Ian, You have more than first hand knowledge on these matters. Your thoughts will be most welcome.

 

[otherclive]

That’s correct👍 . I misread it. It says £200k🙀

The Small Claims Court is part of the County Court as we know . PCv are saying for a small fee us mere mortals can bring a claim without the need for a Solicitor.

I don’t know if this is correct and does it take us in a new direction away from what we all previously understood?

Ian, You have more than first hand knowledge on these matters. Your thoughts will be most welcome.

I took a claim through the Small Claims Court some years ago and didn’t use a solicitor. The whole concept of SCC was to allow the individual to pursue a case without incurring legal costs associated with appointing solicitors.

 

[Buckman]

That’s correct👍 . I misread it. It says £200k🙀

The Small Claims Court is part of the County Court as we know . PCv are saying for a small fee us mere mortals can bring a claim without the need for a Solicitor.

I don’t know if this is correct and does it take us in a new direction away from what we all previously understood?

Ian, You have more than first hand knowledge on these matters. Your thoughts will be most welcome.

The limit of £10k has been around for as long as I can remember. It can be used for many claims, however on caravan issues probably fairly limited to "out of warranty" repairs paid for by the consumer. I am referring to the caravan only and not any add ons. A lot depends on the type of claim for a caravan related issue.

The hardest part of any claim is having the proof and expert witnesses. Most claims can be resolved by using CRA 2015 and no need to attend any court. Not many dealers would want to go to court as easier to affect a repair.

 

[Dustydog]

I meant to attach this from the PCv magazine

 

[Buckman]

Seesm they got it horribly wrong on the amounts for Small Claims. https://assets.publishing.service.gov.uk/media/5b4c7cffe5274a732fa15504/ex306-eng.pdf Seems PCv misunderstood and need to clarify.

 

[Beardy]

I took a claim through the Small Claims Court some years ago and didn’t use a solicitor. The whole concept of SCC was to allow the individual to pursue a case without incurring legal costs associated with appointing solicitors.

I used the online smalls claim system a few years ago. It was quite time consuming transferring all the information of events, text messages, emails etc onto the system but relatively easy to do. Obviously the retailer received details of the claim and settled without it going further.

One thing I would say is that as soon as you get into any sort of dispute with a retailer, only corrispond in writing so you have an evidence trail of communications.

 

[otherclive]

I used the online smalls claim system a few years ago. It was quite time consuming transferring all the information of events, text messages, emails etc onto the system but relatively easy to do. Obviously the retailer received details of the claim and settled without it going further.

One thing I would say is that as soon as you get into any sort of dispute with a retailer, only corrispond in writing so you have an evidence trail of communications.

Mine pre dated the internet age, but was still quite easy to progress the claim, right through to the hearing.