
My turbo supplier wont acknowledge my warranty claim. Cutting long story short - i want to take them to court. Has anyone ever done this? What im really wondering is that if worst case i lose the claim how much is it likely to cost me? Someone said it is possible that i will just have to pay a nominal application fee and nothing more, is that right? I dont want to claim £750 and end up paying thousands in costs.
Try talking to the citizens advice bureau. Lad at work sued his dry cleaner when he lost a 700 pound suit. Got 500 pounds back.
I think small claims is different to normal court. Be careful, in court he with the biggest pockets often wins.
It'll be a fixed fee, if you lose, there's no costs to pay unless it's a "vexatious" claim (basically you're just
claiming to cause hassle, with no actual case), I've never heard of it actually taking place.
As it's a private individual claiming against a company, they'll have to attend your local magistrates court. If it's a lonf way from
their base, there's a good chance they won't turn up and your claim will suceed in their absence
IANAL (I am not a lawyer
)
quote:
Originally posted by MikeR
Be careful, in court he with the biggest pockets often wins.
Have a look at the Money Claim Online service. The link below gives details of costs. If you also look at the home page from that link it will give
you more details.
http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50_web_0709.pdf
The more info can be found on the following link:
http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm
Good luck.
I went through it once, took an ex-employer there for unpaid wages (won
)
As others have said there is a fixed fee and no more to loose. But beware if you need "expert witnesses" I seem to remember that you will
have to pay for them.
Nick
It's very straight forward, used it a couple of times in the past. However, you need to be very careful to follow what's called CPR1 (Civil
procedures rules) which specify the action you should take leading up to the claim. The major one being that you must send a 'letter before
action' stating your case, and setting out what you intend to do should a satisfactory resolution not be forthcoming.
The best trick I've found is to download the claim form from the Internet, fill it in giving as much detail as possible (seriously, go right over
the top). Write 'In advance of action' clearly on the top of both pages, and then send recorded delivery with a basic covering letter to
said company. I can email you an example if you need one - email me!
In my experience this usually results in the defendant paying up pretty damn quick!
Oh, and has been said, it's about £30 to issue proceedings, which you should enter on your form as costs. If you loose, worst case, you're
down £30, unless it can be proved that you had no basis for the claim and/or lied on the application.
As with post above, I'm not a solicitor, just had to do this a few times in the past!
Chris
I took Magnapave Sheffield, who laid my block paving to small claims court, after the drive sank and sagged, I won the case £5000, which I think is
the limit.
In total it cost me just short of £250 in court and other fees, he didn't pay up and is now paying me £10 a month.
Result - I think not
google the web for the particular company - they may have a history.
i agree with whats been said above ^ but would like to add speaking from painful experience try to sort it out without court and stay well away from
solicitors ........ been there had the breakdown
quote:
Originally posted by jwallbank
Have a look at the Money Claim Online service. The link below gives details of costs. If you also look at the home page from that link it will give you more details.
http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50_web_0709.pdf
The more info can be found on the following link:
http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm
Good luck.
Forgot to say you don't need a solicitor.
Many also be worth having a word with trading standards, they may be aware of the company already
Thanks all for replies. Im on holiday at the mo - hence no response for a while. Will take a better look when i get back. Sounds doable.