Small claims courts

[Paul_5041248]

There have been various comments about Small Claims Courts so I thought I would write about my experiences.

The company that I work for had a summons issued against it. There had been a dispute over a portable building.

Two of us from our company went along to the Court. The waiting area is where you may 'bump' into the other side and, perhaps, if this is the case that civility is key.

Both sides were taken into a room and sat either side of a large table with the 'judge' at the head.

We each stated our case and were questioned, albeit gently, by the 'judge' and given the ability to refute the other sides arguments..

At the end of the process the 'judge' made his decision and announced it.

In our case it was not one of just one side being right and the other wrong - and both sides have to accept the decision.

Whilst a little intimidating at first because we did not know what would go on, now, I would have no hesitation in issuing a summons against someone else.

The cost is low and you will not get hit with large legal bills for the other side - this is very much a laymans court - Perry Mason is not required.

I believe the Court does have leaflets explaining the process.

I would not advocate using this for frivolous issues but for one where Goliath dealers can be reduced to the David size that we are and where they cannot employ expensive lawyers to place US at a disadvantage.

There is always the possibility that a Dealer will not turn up and lose by default. If you do lose then at least you have had a fair hearing by an impartial 'judge'.

 

[ProfJohnL]

Well Said paul!

 

[CliveV]

Excellent Paul - A good description. I had considerable success some years ago when as an Independent Finacial Adviser I negotiated special terms for equestrian activities. It is a little known fact that most policies or employer sickness benefits can exclude dangerous hobbys and so not pay out.

I negotiated a good package with a firm but after 3 months they decided not to honour on our contract - even though we had a legally binding agreement. Their MD's responce was "So sue me!" he was an American so such comments came easy to him.

So I did via the Small Claims Court and at the eleventh hour was offerred an out of court settlement of thousands of

 

[Ken_5040834]

You can issue a claim for a specific amount (eg a money claim) through Money Claim Online so long as you can pay the court fee by credit or debit card. It is part of the Her Majesty's Courts Service and the claim is issued in the name of Northampton County Court. The claim is issued the next day and then served on the defendant.

Where the claim is defended, the claim is then transferred for hearing. Where the defendant is an individual, it goes to the defendant's court (which is what would happen if you used your local court). Where the defendant is not an individual (eg a firm or limited company) the claim woul be transferred to your local court.

Where the claim is not defended (and most are not), you can then apply for your judgment online- no court attendance is required.

Please look at www.hmcourts-service.gov.uk and follow the link which is highlighted on that page - this way you can then look at the User Guide.

There are now more claims issued electronically through Money Claim Online than through any local court.

Cheers

Ken

 

[CliveV]

That is very useful Ken. I was not aware of this. It may suit our needs better than what I have done before.

I will check it out.

Many Thanks