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A Guide to Small Claims Court

By: Louise Smith, barrister - Updated: 29 Nov 2017 | comments*Discuss
 
Claims Small Claim Money Court Dispute

If you are owed money, and the value of your claim is £10,000 or less, you may be able take a case to the small claims court. However, financial value is not the only factor that determines whether a case will be handled as a small claim.

The small claims court is not a separate court. It is also known as the small claims track and is one of three different ways - or tracks - in which civil cases may be handled, according to their financial value and legal complexity. If your case turns out to be more complicated than you thought, it could end up being dealt with on one of the other tracks. If this happens there is a risk of incurring substantial legal costs.

As well as money claims, some other types of cases may also be dealt with in the small claims court. These include:

  • Personal injury claims with an overall value of up to £10,000 and where the claim for damages for personal injuries is no more than £1000;
  • Claims by residential tenants against their landlords for disrepair where the estimated costs of the repairs and / or damages are limited to £1000.

Small claims cases should be easier, cheaper and quicker to deal with than other sorts of civil cases. However, there is no guarantee that you will win. It is vital to ensure that all other methods of resolving a dispute have been exhausted before going to court. Write to the other side, try to talk to them, see if they will agree to try mediation - do whatever can be done to resolve the problem. Going to court should always be the last resort.

(This article applies to small claims cases in England and Wales - different rules apply in Scotland.)

How to Start a Small Claim Court Case

Small claims cases are started by filling in a Claim Form. The Claim Form sets out the facts of the case and states how much is owed, together with any costs or interest being claimed. A Claim Form (Form N1) can be downloaded from Her Majesty's Courts and Tribunal Service website hmctsformfinder.justice.gov.uk or it may be possible to pick up a copy from your local County Court. The accompanying guidance notes should be followed carefully.

There are two ways of starting a claim for money:

  • Some claims can now be started using the Money Claims Online service www.moneyclaim.gov.uk; or,
  • Completed Claim Forms are sent to the County Court Money Claims Centre.

In either event a fee will have to be paid, unless an exemption applies. The case will then be "issued" and given a formal case number. Once the claim has been issued, you will be sent a notice confirming this and telling you how long the defendant has to reply.

If the defendant defends the Claim the court will send out directions questionnaires which must be completed and returned. These questionnaires give the court an indication of the complexity of the case, how long the hearing is likely to last and whether the court needs to give the parties any special instructions (or directions). The answers given may also help the court establish whether the case is suitable to be heard in the small claims court.

If a case is complicated or needs further clarification a judge might list it for a preliminary or directions hearing. This can be a chance to work out precisely what the dispute is or what needs to be done to prepare for the trial. The judge may also encourage the parties to try mediation and, if they agree, refer the case to the Small Claims Mediation Service.

The court could decide that a case does not need a hearing at all and that it can be decided by a judge based solely on written documents. If this happens a notice will be sent out and the case will only be decided without a hearing if all the parties agree. (If a party fails to reply it could be treated as agreement.)

How Much Will it Cost me to Take Someone to The Small Claims Court?

Although the small claims court is a relatively cheap way for people to bring their own cases there are fees which have to be paid at various stages:
  • Starting the claim - this varies depending on the value of the claim and how it is started.
  • Allocation of the case - this is paid when the court formally allocates a defended claim to one of the three tracks. If a small claims case has a value of £1500 or more the fee will be £40.
  • The final hearing - the claimant will have to pay a further fee which, again, varies according to the value of the Claim.

A fee exemption may apply for those on benefits or low incomes. Full guidance on the fees applicable to a particular claim can be found in form EX50, which can be downloaded from hmctsformfinder.justice.gov.uk

If you win your case you may ask the judge to order the defendant to reimburse you for all of these fees. Other costs which might be recovered by the winning party in a straightforward money claim include:

  • The expenses incurred or loss of earnings of any witnesses who attend the final hearing, limited to £90 per day.
  • The costs of any expert witnesses for which the court gave permission, limited to £750.

Costs on the small claims track are usually limited to these types of expenses - unless the judge decides that the losing party has behaved unreasonably. If so, the judge could order the losing party to pay all or some of the actual costs of bringing or defending the case.

What to Expect

Small claims cases are dealt with far more informally than other types of cases and the strict rules of evidence do not apply. The judge is likely to take a pragmatic approach - adopting the procedure to suit the parties and facts in each case.

The case will usually be heard by a District Judge who is addressed as either Sir or Madam. Hearings are often held in the judge's room - or chambers - rather than a large courtroom. The parties will mostly remain seated during the hearing - although witnesses may have to stand whilst taking the oath or giving oral evidence.

Parties may be represented by either a lawyer or a lay representative - such as a friend or colleague. A party must attend the hearing if they are represented by a lay person. However, there is no obligation on a party to be represented and the system is designed to be accessible to people who represent themselves.

What You Will Need to Prove

The general rule is that the person who brings a case must prove it. The judge will have to be satisfied that the claimant has proved their case "on the balance of probabilities". This means that, for the claimant to win, the judge will have to be satisfied that their version of events is more likely than not to be correct.

You can help the judge understand your case by making sure you present it in a clear and chronological manner. No matter how well you think you know your case, it is a good idea to prepare notes of what you want to say in the hearing and to put your documents into the right order.

The judge will consider all of the evidence before deciding the case. There are different types of evidence, including:

  • Documents - such as contracts, invoices, letters, photographs, etc.
  • Factual evidence from witnesses with personal knowledge of the case. (This could take the form of witness statements and / or oral evidence given at the hearing.)
  • Physical objects - for example, an allegedly defective toaster.
  • The opinion of an expert with relevant specialist knowledge. However, in small claims cases an expert's opinion can only be relied upon if the court has given permission.

Parties are entitled to see the other side's evidence in advance of the trial and the judge will also want a copy of the evidence in advance of the hearing. It is rarely sensible to keep a piece of evidence secret, in the hope of ambushing your opponent with it at the trial. It could result in the case being adjourned - and additional costs having to be paid.

What Happens if a Party Does Not Attend The Hearing?

A party who does not wish to attend a small claims trial should write to the court, at least 7 days before the final hearing, asking the judge to decide the case based on their documents.

A party, who fails to attend a hearing without giving the notice described above, can apply to set aside the decision made in their absence. The application must be made within 14 days of the decision being served on them. The party should show that:

  • they had a good reason for not attending the hearing; and;
  • they have a "reasonable prospect of success" in the claim.
  • Parties cannot apply in this way to set aside a decision made after all parties agreed to the case being decided without a hearing.

In some cases a party's failure to attend the final hearing could result in the judge ordering them to pay additional costs to the other side.

How Long The Process Takes

Small claims cases should be resolved within six months but can take much longer.

Cases may be delayed for a number of reasons including: the failure of parties to comply with directions; overburdened courts; and, unexpected absences. Conversely, if no defence is filed - or if the claim is admitted - it may be possible to get judgment against the defendant within a matter of weeks.

If I Win How Will I Get My Money

Winning a case is not the same as getting your money back. If your opponent fails to pay it may be necessary to take further steps to "enforce the judgment". There are several ways of enforcing a County Court Judgment. A fee will usually have to be paid but can be claimed back from the defendant together with the rest of the money owed. The relevant forms can be downloaded here hmctsformfinder.justice.gov.uk

The best method of enforcement depends on the individual circumstances of the defendant. For example:

  • Attachment of Earnings Order (Form N337) - if the defendant is employed this would require his employer to deduct a regular sum from the defendant's salary to be paid directly towards the judgment debt.
  • Charging Order (Form N379) - this would place a charge for the value of the judgment on property owned by the defendant. If the property is sold the defendant would have to pay the debt back. You could apply for an Order for Sale forcing the defendant to sell but there is no guarantee the court would grant such an order.
  • Third Party Debt Order (Form N349) - if the defendant has money in a bank account, or is owed money by someone else, this type of order would ensure that the money is paid directly to you to satisfy the judgment.
  • Warrant of Execution (Form N323) - bailiffs could seize goods from the defendant to the value of the judgment debt.

If you are not sure of the defendant's circumstances you could apply for them to attend court to give information using either Form N316 if the defendant is an individual or N316A if it is a company.

A note of caution - there is no point throwing good money after bad. If the defendant simply cannot afford to pay, it may be pointless spending further money on enforcement.

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[Add a Comment]
millie - Your Question:
I am taking someone to court for poor workmanship. what happens if he doesn't turn up to court ? will I incur more fees to the court again to get him to court? if I win and he doesn't pay me what would be my next step and will this cost me more again OR WILL the courts just pursue this for me and put a ccj against him?

Our Response:
The court can proceed with the hearing in the other person's absence. If for any reason the court cannot proceed then it can penalise that personby ordering them to pay the other party's costs of the hearing. It all depends on the reasons for non attandence. It is difficult to anticipate what the court may decide.
CourtroomAdvice - 30-Nov-17 @ 9:54 AM
I am taking someone to court for poor workmanship.what happens if he doesn't turn up to court ? will I incur more fees to the court again to get him to court? if I win and he doesn't pay me what would be my next step and will this cost me more again OR WILL the courts just pursue this for me and put a ccj against him?
millie - 29-Nov-17 @ 2:15 PM
@Popcorn - it's unlikely you're going to get your money now :(
AID - 12-Oct-17 @ 3:01 PM
After 3 years of waiting and the defendant after moving and failing to turn up at court for questioning actual turned up after court issued a warrent to attend or go to prison my question is now hes been questioned (n316) what happens now As he still owes me over £2000
Popcorn - 12-Oct-17 @ 8:09 AM
barrybigbelly - Your Question:
In short Our landlord of 13 year did repairs, but not all of them, in our last 5 years of tennancy, he did fewer, and had to get someone to fix my toilet.state of house was getting worse as rendering had fallen off wall, which I believe was letting damp/water into the house. over our tennancy he got a gas safty cert on avarage every 18 months to 2 years.eventually our boiler went, and after 6 months not being repaired. we had a meeting, with landlord & Landlord wanted us to get him a new boiler free of charge using a goverment scheam. we agred in priciple as long as general repairs were done. landlord just wouldnt admit generel repairs were needed or that rendering NEEDED repairing, the meeting ended badly with my daughter accusing him of putting our lives at risk. few days later he gave us a section 21 notice. We vacated the property, and even came back for 3 days later cleaning up the garden as best as we could (middle of winter no heating). He didnt give us any compensation, nor returned our deposit. nor replied to letters after we moved out. However we did not pay the last months rent.2 years later the landlord has turned up at our door late at night with a companion, harrasing us, and giving us legal papers over a number of weeks. he has now taken us to the small claims court for dilapadations to his property and even trying to charge us £400 for his boiler, saying we broke it!!!. In short I have conversations recorded that prove various things including his gas engineer saying the boiler was uneconomically repairable as was 15 years old (we had signs outside stating video and audio recordings were being made (as I had previously has acid attacks on my car)), How can I submit this evidence to the small claims court as well as pictures and video?

Our Response:
If you want to show audio or video evidence you'll have to contact the court so they can make arrangements in advance, please see CAB link here .
CourtroomAdvice - 6-Jul-17 @ 9:58 AM
In short Our landlord of 13 year did repairs, but not all of them, in our last 5 years of tennancy, he did fewer, and had to get someone to fix my toilet.state of house was getting worse as rendering had fallen off wall, which i believe was letting damp/water into the house. over our tennancy he got a gas safty cert on avarage every 18 months to 2 years.eventually our boiler went, and after 6 months not being repaired. we had a meeting, with landlord & Landlord wanted us to get him a new boiler free of charge using a goverment scheam. we agred in priciple as long as general repairs were done. landlord just wouldnt admit generel repairs were needed or that rendering NEEDED repairing, the meeting ended badly with my daughter accusing him of putting our lives at risk. few days later he gave us a section 21 notice. We vacated the property, and even came back for 3 days later cleaning up the garden as best as we could (middle of winter no heating). He didnt give us any compensation, nor returned our deposit. nor replied to letters after we moved out. However we did not pay the last months rent. 2 years later the landlord has turned up at our door late at night with a companion, harrasing us, and giving us legal papers over a number of weeks. he has now taken us to the small claims court for dilapadations to his property and even trying to charge us £400 for his boiler, saying we broke it!!!. In short I have conversations recorded that prove various things including his gas engineer saying the boiler was uneconomically repairable as was 15 years old (we had signs outside stating video and audio recordings were being made (as i had previously has acid attacks on my car)), How can i submit this evidence to the small claims court as well as pictures and video?
barrybigbelly - 4-Jul-17 @ 11:41 AM
My partner has been taken to small claims court for a debt of just over £1,000 to a previous landlord. The landlord, at the time of tenancy, asked my partner to do a painting job for him (as my partner is a painter by trade) the agreement was that while my partner was painting, rent would not be paid and any outstanding amount of rent would then be paid to the landlord at the completion of the job. The job itself was specified so my partner knew how long roughly it would take, therefore how much the job would be. He started the job and then due to the horrible conditions of the flat, we moved out (as the damp in the place wasn't safe) my partner made it clear he would still complete the job for the landlord and then the landlord stopped him from doing it and demanded the rent. The landlord is claiming for much more rent than he owes also. Nothing was written down as proof on either side. Where do we stand? Will my partner be made to pay all the money even though it is not all owed? And does the verbal contract of painting not make a difference as my partner had started the job? Please advise! Thank you.
Jen - 5-Dec-16 @ 7:38 PM
My partner has been taken to small claims court for a debt of just over £1,000 to a previous landlord. The landlord, at the time of tenancy, asked my partner to do a painting job for him (as my partner is a painter by trade) the agreement was that while my partner was painting, rent would not be paid and any outstanding amount of rent would then be paid to the landlord at the completion of the job. The job itself was specified so my partner knew how long roughly it would take, therefore how much the job would be. He started the job and then due to the horrible conditions of the flat, we moved out (as the damp in the place wasn't safe) my partner made it clear he would still complete the job for the landlord and then the landlord stopped him from doing it and demanded the rent. The landlord is claiming for much more rent than he owes also. Nothing was written down as proof on either side. Where do we stand? Will my partner be made to pay all the money even though it is not all owed? And does the verbal contract of painting not make a difference as my partner had started the job? Please advise! Thank you.
Jen - 5-Dec-16 @ 7:18 PM
I was wondering if I could take my ex to small claims court, he left me when I was 5 months pregnant. Left me to provide everything for the baby up to date. He only pays £22 per week. Was wondering if I can clim costs back 50% of what I have paid. Plus he's dragged me through court this year with even more costs incurred. Can I claim these all back?
Julie1980 - 28-Nov-16 @ 10:50 PM
I need to take a developer to small claims court for refusing to fix damages to my property. Developer has ltd company with £100 shares. As the Party Wall award mentioned developer being required to make good any damage, can he be held personally liable as opposed to claiming against company. Secondly, could a court force developer to pay me from profits when selling the property? Thanks.
Daz - 23-Oct-16 @ 3:29 AM
my van was brushed by the rear bompper, and the lady that brushed it stopped, looked at the dent, took a photo of it and zoomed off. But before she zoomed off a man on a bike appeared all of a sudden and they exchanged some words in a foreign language and she zoomed off. this bike man now introduced himself as the boy friend and lives with her. we had an argument but later he accepted to let her deal with it. We exchanged numbers and i have called him twice to speak with her but to no avail. I have fix my van with £200 and she has not done anything since then. what to i do please?it was a small dent but £200 is a lot of money.
mike - 6-Sep-16 @ 10:00 PM
I would like to know what my chances are of suing for damages after being falsely accused of harassment.I made a website exposing the fraudulent business activities of a certain business.This included showing pictures stolen from American websites, and passed off as being pictures of the service the woman was selling.The woman accused me of harassment, including stalking and death threats, and made false allegations to the police, in the hope of silencing me.I defended the case which cost in excess of £16,000.I was cleared of all wrongdoing, the judge said he found her evidence unconvincing, and said I had exposed a dangerous and elaborate scam, and I was awarded costs at enhanced rate.I got back just over £6000, leaving me £10,000 out of pocket.Can I sue the woman who made the false allegations against me for that amount?It should be noted that there are 2 witnesses who provided statements for the court case, who had been subjected to false accusations against them in the same manner - retaliation for exposing the woman's shoddy business.These complaints were completely unfounded, one to the General Medical Council about a doctor, and one to the Press Complaints Commission about a journalist who fortunately had recorded the conversation showing there was no bullying, harassment, intimidation.If it came down to suing her business, I would not be confident of getting a settlement, as she hides the earnings from her business.It was she personally who made the complaint, therefore I would rather sue her than her business in order to have a better prospect of getting compensation. Can I make a claim against her in the small claims court, and what would it cost? Thanks for any advice
Mightymouse - 27-Aug-16 @ 7:11 AM
Hi, please could someone advise, I took a firm of architects to the Small Claims court and won the judgement of the forwarding of all the supposed work they had done and £1000 damages.This judgement was agreed by both parties, however when the order came through no mention of the work being sent to us was made only the damages, which this firm paid by cheque on the last day of the order. I wrote to the courts immediatelyadvising them the order was wrong, but having spoken the the helpline i have received conflicting opinions; first one that the defendants would still only have up to the last day of the order to send the work even through it was omitted from the order as they agreed in front of the judge to undertake this action, and as so would incur a ccj if they didn't send it; the second opinion was that the defendant was only carrying out the order and would have time to send the work if the order was amended. The order was raised on the 24 June Please help!!
Sarahlc - 3-Aug-16 @ 8:25 PM
Not sure where to start with this or whether small claims is right route for me. I am an art director starting a new business and recently pulled together a team of models, make up, photographer for a fashion shoot. I found the photographer on a Creative Network site. She replied to a post I put up asking for free collaborations, i.e. we all work together creatively and all have portfolio shots at the end of it. The shoot happened and she has now gone quiet on giving me the shots. I have been trying to get them for 3 weeks now. She has not replied to any texts/emails for the last week. I sent her an email last night saying how unhappy I was about the whole situation as she has basically relayed on the agreement to give us all of the shots. How do I stand with this legally to get her to hand the shots over ?
Becca - 11-Jul-16 @ 1:29 PM
The court ruled a case in my fever and sent me a confirmation letter in 2013. I was miss informed that i can only wait until the defendant pays me and there was nothing else i could do. Eventually i misplaced the confirmation letter from court and forgot about it as i thought the person would never give me any money. I have now learnt that i can get my money through other organizations, but i dont have any paperwork to prove that judgement was in my favour. Is it possible to obtain a new confirmation letter from the court especially after three years.
Jigzy - 28-Jun-16 @ 9:42 PM
I've won a small claim case and was that overwhelmed said no to claiming back loss of earnings and travel expenses ??.. Although was only about £100 in total. Now home and settled really think I should of.Is there any chance I can write to the judge and ask for this or is that it after the hearings past? Hearing was Friday 17 June. Thanks in advance
Archie - 19-Jun-16 @ 10:22 PM
I am experiencing the following issue: We had two bathrooms refitted last May and purchased all the fittings from Victoria Plum. All has been fine so far however around two months ago we noticed a blistering inside the bath which looks like delamination of the acrylic. I spoke to Victoria Plumb who advised that due to the timescale since we had the bath delivered and fitted (12 months) we would need to arrange a plumbers report to confirm how the fault on the bath occured as follows · Reports must be on letter headed paper or supported by a business card. · The report must include the Company Registration Number and/or if applicable the Gas Safe number · Reports must include: · What the product is · When was the product fitted and who by · What the fault is · How you came to find this fault · What the fault has caused · What the plumber believes the fault was caused by · Was the fault caused by a manufacturing problem, damage or misuse We did this and the plumber came to the conclusion that this was a manufacturing fault and was delamination We sent the report to Victoria Plum together with a quotation from the plumber as to how much it would cost to remove the existing bath and replace it. They responded to this requesting that they required the plumber to state how the delamination has occurred which is crazy as it is obviously a manufacturing fault. Victoria Plum then stated that they are not willing to pay the associated costs for the remedial work involved in removing the old bath and replacing the new bath but as a gesture of good will they would be willing to replace the bath and pay for the plumbers report. Do you think that this is worth taking to the small claims court as Victoria Plum won't budge
Chelmer1 - 9-Jun-16 @ 9:15 PM
I received a document from the Land register which was passed onto me by my son who is staying in our house which is being sold to pay the debt of to the creditor ...very ... We are in France at the moment while the house sells...My husband has a terminal illness and we are staying with some friends to help him forget the stress that this case has put on us...It is really hard as the creditor has already got charge on our home...He has also been warned off by the police for punching my husband in the stomach ,which he was put in prison for...We never ever did owe him any Money in the first ... He had a Lawyer...But we could not afford one ...So he won the case unfairly even though I had 4 WitnessesThe lawyer had my case e chucked out before trial and Croydon Court also lost all my paperwork with the defence, which went missing in chambers.... We are both Pensioner's and we really are trying hard to get the Creditor paid off...All we can do is sell the house to raise the founds. Even though we are selling the house he has now started a Bankruptcy case against me without any notice...But we have said my sons will be paying the creditor any way...Now he wants more money for applying for Bankruptcy... Where is the Justice in this...?
Jen12 - 26-May-16 @ 5:41 PM
I received a document from the Land register which was passed onto me by my son who is staying in our house which is being sold to pay the debt of to the creditor ...very ... We are in France at the moment while the house sells...My husband has a terminal illness and we are staying with some friends to help him forget the stress that this case has put on us...It is really hard as the creditor has already got charge on our home...He has also been warned off by the police for punching my husband in the stomach ,which he was put in prison for...We never ever did owe him any Money in the first ... He had a Lawyer...But we could not afford one ...So he won the case unfairly even though I had 4 WitnessesThe lawyer had my case e chucked out before trial and Croydon Court also lost all my paperwork with the defence, which went missing in chambers.... We are both Pensioner's and we really are trying hard to get the Creditor paid off...All we can do is sell the house to raise the founds. Even though we are selling the house he has now started a Bankruptcy case against me without any notice...But we have said my sons will be paying the creditor any way...Now he wants more money for applying for Bankruptcy... Where is the Justice in this...?
Jen12 - 26-May-16 @ 4:15 PM
Tommy - Your Question:
In January 2016 a friend & I booked to go on holiday together, paying around £400.00 each. At the end of February 2016 I found out that I was very unexpectedly pregnant (having been told some fifteen years earlier that it was unlikely that I would ever conceive). I told my friend that it may be unwise for me to travel abroad given my age (44) and the fact that I would be 28 weeks' pregnant at the time of the holiday. I was happy for her to have my part of the trip for no money and take another friend. She has now began sending nasty text messages saying that as I have broken my part of 'the deal' and that she doesn't want to go with anyone else, she is going to make a small claim against me. What should I do? I have since told her that if the holiday means so much then I will go with her but she still wants to take me to court. This is stressing me out no end. I have tried calling her but she won't answer. Please help.

Our Response:
On a practical level, some airlines will not let you fly towards the end of your pregnancy - therefore you may wish to check with the airline for their policy on this. Also after week 28 of pregnancy, the airline may ask for a letter from your doctor or midwife confirming your due date, and that you aren't at risk of complications. With regards to your friend's position, I can only suggest you seek legal advice, as while agreeing to go on holiday with someone is a verbal contract and if that person loses money as a result of you breaking the contract, then she may have a small chance of winning. However, this is less likely if circumstances such as your pregancy could not be helped.
CourtroomAdvice - 25-May-16 @ 12:27 PM
In January 2016 a friend & I booked to go on holiday together, paying around £400.00 each. At the end of February 2016 I found out that I was very unexpectedly pregnant (having been told some fifteen years earlier that it was unlikely that I would ever conceive). I told my friend that it may be unwise for me to travel abroad given my age (44) and the fact that I would be 28 weeks' pregnant at the time of the holiday. I was happy for her to have my part of the trip for no money and take another friend. She has now began sending nasty text messages saying that as I have broken my part of 'the deal'and that she doesn't want to go with anyone else, she is going to make a small claim against me. What should I do? I have since told her that if the holiday means so much then I will go with her but she still wants to take me to court. This is stressing me out no end. I have tried calling her but she won't answer. Please help.
Tommy - 24-May-16 @ 6:29 PM
darren - Your Question:
Im being taken to court for cleaning costs by a customer for carpet and furniture over three months ago I did some work at a customers house where while working some dust got onto the carpet and marked it I pointed out the problem and offered to have the carpet profesionally cleaned - the customer refused this and then asked for a new carpet and got quotes and tried to get me to pay direct but I passed on my insurance details insteadthe customer failed to make a claim then the customer again sent me a quote this time to pay for cleaning the carpet and furniture though no dust or damage went on the furniture I offered to clean the carpet again but this was refused and now hes taking me to court do I dispute the whole claim or part - at no point have I been allowed to arrange any cleaning nor have I been shown an actual paid invoice

Our Response:
I can only suggest you take legal advice regarding this as we cannot advise on whether you should dispute the claim or not, as this is outside our remit.
CourtroomAdvice - 23-May-16 @ 2:24 PM
im being taken to court for cleaning costs by a customer for carpet and furniture over three months ago i did some work at a customers house where while working some dust got onto the carpet and marked it i pointed out the problem and offered to have the carpet profesionally cleaned - the customer refused this and then asked for a new carpet and got quotes and tried to get me to pay direct but i passed on my insurance details instead the customer failed to make a claim then the customer again sent me a quote this time to pay for cleaning the carpet and furniture though no dust or damage went on the furniture i offered to clean the carpet again but this was refused and now hes taking me to court do i dispute the whole claim or part - at no point have i been allowed to arrange any cleaning nor have i been shown an actual paid invoice
darren - 22-May-16 @ 9:56 PM
I signed up to Ovo Energy, based in Bristol for a holiday property in Edinburgh which is 400miles from my home. I booked the flight especially to be there for a meter replacement (Ovo insisted someone had to be present on the day). They turned up, failed to complete the work (because not all of it was listed on the engineer's worksheet) and left.They have admitted in writing that they failed to properlyinstruct the engineer. I had to fly up again 3 weeks later specifically to be there for the work to be completed. As my home is in England and the arrangements were originally made there and the supplier is also based in England can I make a claim under the English small claims system or because the service was provided in Scotland do I have to claim under the Scottish system? (2)
Eddie - 11-May-16 @ 5:04 PM
are morals ever taken into consideration in a small claims court ? Can I invite the press into a hearing, indeed can I publish comments in the paper if they are true facts ?
Maggie - 19-Apr-16 @ 5:46 PM
Hi. Please could you help. My husband purchased a car for myself 17th Nov 2015. £1850 by debut card. From day of purchase the car was returned I think four times for repair. The dealer was happy for this this. We were reassured by the second garage that had the car, that it will be a good car when all the work was done. It was mainly electrical work. The car was taken to a third garage with the front out. The rewired the whole of the dash. We were advised to get a service by the second garage. We fully intended to have this done but nearer to home. Each trip to the garage was 94 mile round trip and two cars. The dealer was happy and we thought we would have a good car. The last time the garage had the car it was 7 weeks. On the 8th Feb the car refused to start. I couldn't pick my daughter up and she had to stay at a friends house(16yrs old). I had to cancel dentist as it would have been 4 buses and I could not do this before or after school,she has her GCSEs. The garage said they would not do any more work, spend any money or refund. We said we would put a claim in. He said he will be waiting. I've tried trading standards which lead me to citizens advice. The bank. Ombudsman wrote to them twice but because they didn't acknowledge them they can't do anything. My question is do I have a case for the small claims court. I can't afford any cost if I loose as I'm being made redundant. Because of the value of the car would it be worth it. I received a letter from their legal and basically they were quiet intimidating saying . Taking into consideration the as 51 plate and the mileage 118,000 something things would go wrong and we didn't have the service they advised us on. If the car was that old and high mileage and taken in from someone they knew and the desperate need of service it shouldn't have been on the forecourt. The whole thing is making me ill. I now have a£100 car w reg 157,000 on the clock and it works. I know this car won't last long. I would appreciate any advice. Thank you.
Nunki - 19-Apr-16 @ 1:00 PM
I have had a dispute with my old landlord about various different things regarding the property. Due to this my deposit was handed over to the TDS where they made the final decision to pay me most of the deposit back but also rewarded the landlord part. This decision was made due to the landlord having a lack of photographic evidence of the property before i moved in. The landlord wasnt happy with this decision and i have now recieved a letter via the letting agency saying he still wants money from me in the total of an extra £628 pound for things that have already been dealt with through the TDS. The letter states if i dont agree to the amount he will take me to a small claims court and add on extra things. Where do i stand on this as i am not willing to pay what he is asking for aa it has already been dealt with properly and in my eyes is a closed case now.
Jayjay - 29-Mar-16 @ 11:40 AM
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dora - 28-Mar-16 @ 12:26 PM
I bought a horse who was said to be quiet, I tried him before purchase and he was very quiet on bringing him home he was un rideable by myself ( I am registered disabled). The owner who is anot equine related business is refusing to have the horse back or even to sell him on my behalf? I cannot afford to go to court as cannot afford solicitor or fees.
Unico - 20-Mar-16 @ 8:52 AM
Hi, A car dealer sold me a car which he didn't declare as a Cat C after being in an accident, this was after we asked him if the car had been in an accident , he told us no, we also asked had an HPI check been done, he answered yes it had and it was clear, we found out later from the V5 we were sent that it had been written off and then put back on road, so it is roadworthy and legal, we paid £1900 for 2004 plate mini, we think its only worth £700 so we are trying to claim back £1200 , he's refusing saying he wants car back, we saying we want to keep the car and want £1200 part refund, we are willing to negotiate and have sent him various letters which he has ignored, but we now get a letter saying he's closed the business, is this likely to get sorted through small claims court or will a judge get involved which could end up costing us more money, we have involved consumer advice and they in turn have involved trading standards. Would appreciate any comments, Thankyou.
keithj050 - 15-Mar-16 @ 2:15 PM
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