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Make a Claim in the Small Claims Court

Originally written by Dave Howell, updated by the editorial team on 8th July 2026
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Make a Claim in the Small Claims Court

What the small claims court is for

When someone owes you money and refuses to pay, the small claims court offers a way to pursue what you are owed without needing a solicitor. This route is designed to be accessible enough for ordinary people to use themselves, though success depends on the strength of your case.

In England and Wales, small claims typically cover disputes worth up to £10,000. The exact limits can change, so check the current thresholds on GOV.UK before starting your claim.

Small claims are not limited to unpaid debts. You can also use this route for:

  • Faulty goods or products that do not match their description
  • Damage caused to your property
  • Poor quality workmanship from tradespeople or contractors
  • Road traffic incidents
  • Personal injury claims up to £1,000 for accidents not involving road traffic, or up to £5,000 for road traffic accidents

Check GOV.UK for the current personal injury thresholds, as these figures may have changed.

The term small claims court can be slightly misleading. There is no separate building or court that handles only these cases. Small claims are heard within the County Court.

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Before you make a claim

You cannot proceed directly to court action. The rules require you to make genuine attempts to resolve the dispute with the other party first. If you skip this step, the court may penalise you, even if your claim would otherwise succeed.

Start by contacting the person or business in writing. Set out clearly what you are owed and why. Give them a reasonable deadline to respond or pay. Keep copies of all correspondence.

For faulty goods, this means going back to the retailer or supplier and giving them a chance to put things right. For unpaid invoices, send a formal letter before action stating the amount owed and warning that you will take legal action if payment is not received within a set period. Fourteen days is common, though this can vary depending on the circumstances.

The court will want evidence that you tried to settle the matter through negotiation or alternative dispute resolution before issuing proceedings. Alternative dispute resolution includes mediation, where an independent third party helps both sides reach an agreement. Some trade bodies and ombudsman schemes also offer dispute resolution services that may be relevant to your situation.

If the other party ignores your attempts to resolve things, or refuses to engage, document this. It strengthens your position if the matter does go to court.

Be aware that limitation periods apply. For most debts and contract disputes, you have six years from the date the problem arose to bring a claim. After this period, you lose the right to pursue the matter through the courts.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

How to start a claim

You can make a claim online through the Money Claims Online service on GOV.UK. This is the most common method for straightforward money claims. Alternatively, you can fill in a paper claim form and send it to the County Court.

There is a fee to issue a claim. The amount depends on how much you are claiming. Fee information is published on GOV.UK and is updated from time to time. You may be able to claim this fee back from the other party if you win.

When completing your claim, set out the facts briefly and clearly. State what happened, what you are owed, and why the other party is responsible. Attach or list any evidence you have, such as receipts, contracts, photographs, or correspondence.

Once the court receives your claim, they will send the paperwork to the defendant. The defendant then has a set period to respond. They might admit the claim and pay up, dispute it, or ignore it entirely. If they do not respond within the deadline, you can ask the court to make a judgment in your favour by default.

What happens at a hearing

Many small claims are resolved without a formal hearing. The parties may settle between themselves, or the court may decide the case based on the paperwork alone if both sides agree.

If a hearing is needed, small claims hearings are usually informal compared to other court proceedings. They often take place in a private room rather than a traditional courtroom. A district judge will hear both sides, ask questions, and look at the evidence before making a decision.

You do not need a solicitor to represent you. Most people handle their own small claims. If you do choose to use a solicitor, you will usually have to pay their fees yourself regardless of whether you win. Legal costs are not normally recoverable in small claims cases, except in rare situations where one party has acted unreasonably. Support is available for people representing themselves, including through Citizens Advice bureaux and some law school legal clinics.

Prepare for the hearing by organising your evidence and thinking through the key points you want to make. Bring all relevant documents with you on the day.

If you win, the court will order the other party to pay. Getting the money can sometimes be a separate challenge. If the defendant does not pay voluntarily, you may need to take further enforcement steps. Options include instructing enforcement agents (bailiffs) to collect the debt, applying for an attachment of earnings order, or obtaining a charging order against the defendant's property. Each enforcement method involves additional fees and processes.

For current fees, forms, and guidance on making a small claim, visit GOV.UK or contact your local Citizens Advice bureau.

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CourtroomAdvice Editor 20/05/2026 at 9:17 am
@Kim Really sorry to hear what your parents have been through, especially your dad doing the work himself at 80. Since the bailiffs can't catch him in, ask the court to upgrade enforcement: you can apply for an Attachment of Earnings order if he's employed, a Charging Order if he owns property, or a Third Party Debt Order if you know his bank. An Order to Obtain Information also forces him to court to disclose his finances under oath, and ignoring it risks contempt.
Kim 15/02/2024 at 11:09 am
Elderly parents got a builders quote for works. Agree to price, builder said half up front in cash for materials, which they did. Builder did one day's work and never returned. Went through small claims online, builder signed papers saying he agreed to debt, would pay instalments, paid once. Baliffs had done five or six visits to where he lives, but haven't actually seen him sovhave left paperwork.
Where do we go from here, this has made my parents ill with the stress, the house was left like a building site, and I can't help them as I'm disabled. The work, thankfully, has now been finished, by my 80, yes 80 yearmold dad, and took him a year and half!
Slav 02/10/2023 at 9:35 am
Van with credit went bad broken after a year. We bought an additional warranty of around £800 which cannot be used as a used car for Amazon delivery. From January 27, 2023, the van is in the garage. The amount of repairs is about £5,000 ,every month I pay for the van. Credit and insurance. Tax together about £550 plus. To be able to do my job I have to rent a van for £200 a week. The repairs take months, they are still waiting for some parts and something new to do, etc. head gasket and gearbox, flywheel, turbo. At the beginning they said that the repairs would take about three months and it would already be the end of September
MD 02/08/2023 at 1:11 pm
My sister was diagnosed with Alzheimer's a few years ago. I was disappointed that my nieces did not alert the family that something was wrong with their mother at the time. We had to find out when she went missing for over 24 hours and fortunately was eventually found by the police. I had been trying to get her in a home but my nieces kept saying they would look after her until she got worse! She sadly died at home. My niece told me she had made a Will which included me, my younger sister and mother as beneficiaries. Plus she had appointed us as Executors. I paid for my sister's funeral as the nieces said they did not have money to do so. Both girls were over the age of 25 at the time, working and still living at home. I have since found out that the older niece filed for Probate saying that there wasn't a Will present. She had also stopped contacting me when I started to question why they had not been paying the mortgage. I get all the bank statements as I am down as Executor. She has also refused to honour her mother's last wishes which was to leave my younger sister, my mother and me a small gift of cash. Unfortunately my mother has dementia so she is not able to challenge what my niece is doing. My mother looked after them for years so they are literally throwing everything back in her face. I had always defended them when other members of the family said they were only keeping my sister in the house so they could stay there. Putting my sister in a home meant they would have to find accommodation elsewhere and they did not have money to do that even though they were both working. I firmly believe that my sister would still be alive today if she had been in hospital with 24/7 care. My nieces are not nurses. I am trying to take back control of my sister's estate but do not have money for a solicitor. Can someone please help or advise?
Nick 29/03/2023 at 8:55 am
Took my car for a MOT and needed work. The mechanic has tightened a bolt up to to tight has has broke another part and now they are expecting me to pay £1500 for new part which I'm refusing to pay for as it was there mistake for not using right tools.
Sam 27/07/2022 at 8:41 pm
I sent a van for a wrap and the business who did it has ruined my van I have the pics and messages everything he has done to my van now having bills over 4000 to fix this work and out right . The lad who did it won't give me my money back or correct the work which i have asked numerous times .

His reply was go to court and go legal
David0l 21/09/2021 at 8:18 am
A woman married me to get a visa into the UK, she borrowed over £37,500 off me, she collected her visa and on the way home started an argument then left, I later found out that she had used my debit card to pay all her bills in her country. Can I take her to all claims for fraudulent marriage, and conning me out of money to pay her fees.
Kate 18/10/2020 at 7:34 am
@paul888
You definitely have a case.
Why don't you contact judge Rinder (on the TV), I'm serious. I tried with my ex but he wouldn't attend
paul888 15/07/2020 at 9:59 am
I have put in a small claim against my x partner i was paying my child maintenance thinking that my child was going to college but turned out that she had left and didn't tell me . each time i ask how college was going i was told it was going ok she also told me that she was going to do the second year , my x partner didnt tell the child benefit service that she had left college and was still claiming . i had to get proof from the college that she was kicked off enrollment for not going to college ,as she was still in receipt of child benefit the child maintenance told me i still had to pay her . i sent proof to them but they still did not wont me to stop payments to her. i had to get my MP involved to get my case shutdown because i payed her direct pay the only way i could get my money back is to go though the small claims court . iv asked her to use the Mediation but she will not use this service so its going to court .
can someone please help me with any advise also i need to know how to set out a witness statement please can anyone help me .
paul888
maggie77 10/10/2019 at 12:34 pm
Hi, I recently had my car keyed in a supermarket car park. This incident was caught on CCTV and I also have the car reg details of the woman that did this. Prior to my car being keyed this woman had tried to cut in front of me to get the parking spot I was going into. ( She come flying down the side of me on the wrong side to get in the spot ) This didn't work and I did not move my vehicle giving her no choice but to find her own parking spot, she was screaming and shouting. I did nothing but park up in the spot and go into the store. Upon my return to the car my partner and I saw the damage. I immediately went to ask security if anything had been seen on CCTV and luckily for me it had. I had taken a picture of the woman's vehicle before going into the store in case anything happened, I had a gut feeling. This information has been passed onto the police they are in the process of obtaining the CCTV footage and they also have the offenders reg details. I have had two separate quotes to have my vehicle fixed and they range from £475-£420 can I take this woman to small claims court?
Lisa 09/10/2019 at 10:23 am
If I have a child maintenance case and still after a year the outstanding balance is still nearly 4000 pound can I make a small claims court case.
Mom 13/08/2019 at 7:57 am
How does my 17 year old son make a small claim? Do I do it on his behalf or can he do it himself?
Susie 24/06/2019 at 3:32 pm
Tony, who parked in M&S car park...
Do nothing. The same thing happened to me and also to my cousin.I ignored it. They sent loads of letters and threats and eventually they gave up. The same happened to my cousin and they gave up on that one as well
tony 10/06/2019 at 5:09 pm
In January I parked at the Marks and Spencer Car Park in Westbourne, Bournemouth. There was a car parking attendant present, whom we consulted about cost, refund from M and S etc. He told us the maximum time was one and a half hours, but that we would be ok to stay up to two hours. We bought the ticket for £1.50 and he showed us the detachable part to give to M and S. I returned and collected the car within the 2 hours , but over the one and a half hours. I have now been fined by Euro Car Parks £85 and feel this is unfair. I have lost my appeal with both ECP and POPLA, and the shop won’t get involved – although they must know the attendant. I have no proof of the conversation, but the onus seems to be on me to provide proof. What can I do , as I feel I have been scammed? I live over 2 hours away and was only visiting with my wife and a friend. We’re all in our 60s and I have chronic heart failure, so need to park near to the facilities. I presume there will now be threatening letters – which will be stressful. I would have thought Marks and Spencer would want to offer some support at they encourage customers to park there. It seems that their standards of customer care have been completely eroded. The figure has now gone up to £145 and I am being threatened with court proceedings by ECPs debt collectors. What should I do?
sa 03/02/2018 at 5:05 pm
I am the claimant in a small track claim. I am about to complete allocation questionaire as case been defended.
If it goes to a court hearing further to mediation do I have to attend the hearing or can it be dealt with in my absence with the judge viewing paperwork & witness statements ? as it would be a long way for me to travel and I would prefer not to attend anyway.
Barbv Editor 05/01/2018 at 11:29 am
@Coode1 - surely the school would give you this information.
Coode1 04/01/2018 at 4:42 pm
I am taking someone to court over unpaid piano lessons, I teach the lessons privately but at a school. I have the address and initial of the parent i am claiming against but not the parents full name. I taught the daughters but the dispute is with the parent but i only have the mothers initial. Do i need her first name for the court.
Ilovechocolate 26/10/2017 at 6:40 pm
I purchased a car in January this year from the car shop in swindon. It’s had a catalogue of errors since I purchased it and I think it was hammered by the last owner. It’s now back in the garage with further gearbox issues and I’m looking to get hit with a huge bill. They sold me a warranty that is useless and the customer service they offer is awful. The price they wanted for a new gearbox was highway robbery. Another garage has quoted half the price but from the same gearbox supplier. Do I have grounds to take this to court
E P 15/02/2017 at 1:26 am
I lent a friend £15 000 in 2015 to save their child care providing business which my child was attending, with the assurance to be paid 6 months later, however this did not happen. I applied to claims court which then led to a county court judgment and high enforcements agents were involved. The agents could not track him and he made it apparent to me that he will make sure that they do to track him. I have seeked advice from a lawyer and did some research and found out that he has transferred all his businesses in his wife's name, therefore, appears have no assests to his name and is still refusing to pay till now, what do I do next??
Stew 04/02/2017 at 9:04 am
My daughter took me to court for monies in a divoice agreement, these were stated after the small claims court proceedings.
The monies were transferred electronically back in 2015, and facebook messages went between us.
The problem now is that she never informed the court that the monies were paid. I now have an active CCJ.
I have contacted the courts service and they said that they would contact her, but what happens if she doesn't response?
Can I then take her to court for non notification of monies received, as this is causing major credit issues to me.
John 26/12/2016 at 8:56 pm
Hello.
My wife paid £3000 to a kitchen surface company to replace our worksurface with a glass one. Since then, we have heard nothing from them. We have asked for our money back but no response. We have learnt that other customers have also been let down, and when they hear from the company they get a lot of stories but no action. I think the company is not able to fulfil the orders it has taken. Can we use the small claims court to get our money back?.
John
john 24/12/2016 at 1:52 pm
I lent £16,900 to my daughter about 10 years ago for a deposit on a house as she and her partner could not raise a mortgage due to their bad credit history. She promised verbally to repay this money but without written agreement. In spite of repeated written requests she now refuses to reply and communicate with me. In view of the lack of wrtten evidence (only bank statements) what can I do?
Kay 24/11/2016 at 4:22 pm
I need advice. Before I knew my ex was a gambling addict, when I first went to live with him, he gave me 4600 to put into a investment savings plan which I would have lost money on had I stopped paying it. I couldn't afford to continue the payments myself. It was on the understanding that we would both as a couple eventually benefit from any returns. I didn't know he was a gambler when the agreement was made and I didn't know that he spent every penny he hhad in gambling and got into huge debt. I lost a lot of the money. When I found out he was a gambler I left him. This was eleven years ago. He is now saying I owe him the money.
There was no written agreement to say it was a loan. I thought it was a gift. He is suing me for it now. What's the legal position?
CourtroomAdvice Editor 07/10/2016 at 10:14 am
You would need to seek legal advice regarding this, and be able to prove it in order to have a case.
benni 06/10/2016 at 12:08 pm
Hello, 2 of my siblings and I are executors to our mothers estate. Our other 2 brothers were trustees of our fathers estate. Basically, they falsified the probate form, deny that the discretionary trust is in place, aalthough they did not close it, and caused thousands of pounds of inheritance tax to be paid by our mother's estate. They have also caused further financial loss due to their dishonesty, and a huge solicitor's fees due to them hiding information and lying, so causing so much work before our mother's probate could be applied for. Would we be able to sue them in the small claims court, bringing a collective action, amounting to £12,000 each, so £36,000 in total. Thank you for any advice. It seems that our crooked brothers will, again, get away with lying and cheating.
Rach 01/10/2016 at 10:32 am
Neighbours 4yr old damaged my car she is refusing to pay only offering a nominal sum for damage which will leave me out of pocket what can I do ?
CourtroomAdvice Editor 27/09/2016 at 12:37 pm
You would have to seek legal advice regarding this. Much depends on whether you own your house etc (as she would be entitled to claim) and what other assets you own between you. However, be aware that it will cost to bring the matter to court. If you are dissolving the marriage, you would be better negotiating the joint-asset pot between you.
RICHIE 26/09/2016 at 5:07 pm
My wife left me and her stepson aged 13 in February 2016. She had £12000 in her bank at the time she left. She knew I was in debt on my credit card and didnt help out, she just paid a set amount for board and lodgings every month for the 9 years we were married, the amount never changed. Can i claim for half of what she had at the time she left. We are not divorced I am disabled and on benefits..
CourtroomAdvice Editor 07/09/2016 at 12:30 pm
You can pursue him through the small claims court, but in order to do so you would need to be sure that you would win and that your neighbour (as the police say) can pay. If your neighbour is on benefits, then it may be difficult for the courts to extract any significant sum of money from him and you may end up being out of pocket yourself. I suggest you take some initial legal advice.
Kidders 06/09/2016 at 6:25 pm
During a recent parking space dispute, my neighbour has lashed out and thumped the bonnet of my vehicle several times, enough to dent the bonnet. Luckily, I had CCTV fitted and after much denial he eventually admitted he was in the wrong and the Police issued him a Caution.
The Police say that as my neighbour is on benefits it would be difficult for them to force him to pay for the damage caused to my vehicle.
Can I pursue him through the Small Claims Court?
Many thanks
Yesguy1971 06/09/2016 at 7:44 am
Hi
I bought a car from a private seller, item described as mint, and got screen prints to say this, plus he stated it won't let me down.
One day after buying radiator leaks, found a hole £150
Four weeks after buying new can belt and fluids and mechanic now says clutch is going £450 for both.
Tried messaging seller no reply.
Can I take to small claims?
ELC 03/09/2016 at 1:37 pm
After living with several people in a shared house I now have the last lot of gas/ electricity/ water and council tax bills left to pay. Two of the tenants are refusing to pay their share. (We have now all moved out of the house). If I pay their share of the bills can I then claim it back in later in court?
PaulO Editor 25/08/2016 at 10:01 am
@Elliebarn - it would be still the company that would be responsible if that person is working for them. It is up to the company to discipline the manager if the manager has worked outside the company's authorisation.
Elliebarn 24/08/2016 at 3:10 am
Hi, can you take a specific individual in a company, say a sales manager to small claims court, rather than the company, if they are proven to have made agreements with you outside the company's authorisation to do so?
Angie^% Editor 19/08/2016 at 10:24 am
@Delboy44 - yes they can but if they lose or win it will be costly!
Delboy44 18/08/2016 at 11:13 am
Hi
I am a Claimant and have gone through money claims Direct and now I am in court next week[Wednesday]
I am claiming for incorrect maintenance work caried out on my car that cost me just under £5000.
I am representing myself and today the defendants Solicitor has asked was me was the copy of the Trial bundle OK to send to the court ? and if yes she would also send to their Barrister !! Would a Barrister represent a company in the Small claims court ? This seems very extreme.
Thanks for any help given.
Shugz 16/08/2016 at 11:29 am
I have put in a small claim against my X husband I left with nothing with my 1 year old. I have tried everything to get my stuff back. I had nothing apart from 2 outfits and some clothes for my daughter. I have now put on a claim. Can someone explain what are my chances of getting anything.how should I gather my evidence as all my receipts are on his house.o have printed bank statements and online orders. I'm so stressed can. Someone plz help me thanks
Mat 10/08/2016 at 2:41 pm
Can you use the small claims court to try collect unpaid child maintenance arrears from a non compliant parent? The new child maintenance service does not seem to be fit for purpose
CourtroomAdvice Editor 08/08/2016 at 11:52 am
Yes, you can certainly make a claim if the seller did not keep to the work listed in the survey. I would begin speaking to your former conveyancing solicitor who should be able to advise further. Your solicitor may suggest you claim for the added inconvenience caused also.
Wayne 07/08/2016 at 12:19 pm
I recently purchased a house which had been fully renovated. I spotted some damp in the property prior to purchasing it and this was pointed out in a survey. The seller stated he would have the damp work rectified. A few months down the line and the damp is back. I have contacted the company who completed the damp work who said the seller did not take their advice and only done part of the work and wanted to rush the work through. The seller has been dishonest with me , can i make a claim in the small claims court for the work the seller stated they would carry out. The seller stated this through email through our respective solicitors .
CourtroomAdvice Editor 29/07/2016 at 12:08 pm
There is little protection a private buyer has. As long as the car matches the description when you sold it and it was 'roadworthy' if you specified it was. Your buyer is the person responsible for making the checks prior to buying to ensure the car is fit for purpose; this is where the old adage 'buyer beware' comes from. Please see Money Advice Service link here for more information.
Cathy 28/07/2016 at 2:15 pm
Hi we sold an 11 year old car in good faith believing it to be in good working order with no issues as it had passed an MOT 4 months prior and we had had no issues with in since then. A month after purchase the new owner said he had taken it to the main dealer for a service and health check and there was several issues making the vehicle unroadworthy and that he had only used it twice since buying it. The garage said one of the tyres was illegal and all the others needed replacing. We are sure that non were illegal but we pointed out that he would probably need a couple of new tyres in the future even though there were no advisories on the MoT regarding tyres and I had not done excessive miles since the MOT. He also checked all the tyres himself and made no comment that he felt they would all need replacing. It also stated the brakes and handbrake pivot had seized on and they needed stripping down and investigating and in the end needed new discs/pads etc so again it was unroadworthy. We had no problems while we had the car and there was no problem with these when he test drove and again no mention of any problems with these at MOT. Also as the car was only used twice in 2 months the initial seizing was probably caused by that. He also said he had had to have a sill welded as it had rotted right through and questioned the MOT centres reliability. We spoke to them and they said they would only fail at MOT if within a certain distance of a major point like seatbelt brackets. Again though the guy was left to look around the vehicle on his own without any pressure from us. We had also been around the car and pointed out all spots of rust etc that we were aware of including an area on the inside rear door frame. We are waiting to see if the sill he is referring to is actually this area as if so he was aware of it an even mentioned to my husband that he would get it welded. If it is in a different place then we were never aware of any problems. Lastly and the main area was that the rear axle brackets were badly corroded and mentions something about a recall. After some investigating it appears that this was a service recall and actuall owners were not notified but rather than when a vehicle went to the main dealer, they should investigate then. As the vehicle was 9 years old when we got it, we never took it to the main dealer, rather using a local garage that we have been using for years, and in fact the whole family use the same garage. The main dealer had given him a price for this repair, but when we told him that he should query that as they should pay for it. He later confirmed that they had indeed paid for it so in effect he has suffered no loss for this, although we will also be writing to the manufacturers about this as if there was a risk of accident/injury/death as he suggests, they not only put him in that position but also us when we owned the vehicle.
He asked for a £500 contribution towards the costs of repair before he even knew
MadY85 Editor 30/06/2016 at 11:37 am
@Dave - I'd make sure they come to collect it! Shocking customer service.
Dave 29/06/2016 at 2:35 pm
Hi I bought a car from a small car company it seemed finr at first but on driving it home all the warning lights came on. I phoned the car company back they said bring it back and they will fix it the next day I collected it they said its all fine now but the same thing happened on the way home so I phoned them again only for them to tell me to f-off. I took my car to my local peugeot garage to see what was wrong and they give me a big list with the head gasket being the most major thing that was broken I got in touch with trading standards who said to me send them a letter to a I am rejecting the car and would like a full refund they refused to give me one they said they want another go to fix it so I took it back. After them haveing it for 2 weeks it was still the same so I sent another letter for a refund they also refused that and told me if I go back they would knock me out. I started the prosess of taking them to a small claims court a week after I put my forms in trading stansards rang me saying they are willing to give me a full refund as they have received the court papers. The thing I would like to no is as they have threatened me and the car wont make it to there garage is it up to me to take the car to them or do they have to come and collect it?
uzzzy 29/06/2016 at 1:13 pm
My car was parked legally outside my mother’s home and it’s a dead end road.

A kid who lives a fair 5 minutes walk from our road was riding his bike up and down and decided to do a wheelie and crashed into my car leaving a deep gash that is revealing the bare metal. I witnessed this and the kid accepted he did wrong.

I have got 2 quotes for the repair and have been told by both garages that this severe damage and if not fixed will rust in due course. I have been quoted 350-400 .

The family accepted responsibility on the day and said they would pay for the damage. I have shown them the quotes and now their refusing to pay the amounts on the quotes.

I showed my persistence then they said their own mechanic would fix it so on and so on and now i cant get hold of them.

It’s been 2 weeks and no progress so I would like to know if i can make a claim via MCOL?


I really don’t want to go through my insurance as I have a big excess plus it will push my premium up next year.
Cookie 20/06/2016 at 4:55 pm
Sorry folks in my previous post I should have said 'Market' value not probate value
Cookie 20/06/2016 at 4:52 pm
Hi
I am in dispute with brother and sister who are executors (and beneficiaries)of my mother's will. From the start they have treated her property and all her assets if they owned them already. The will stated that the property should be sold and from £10k I should receive a third share, and a proportion of the remainder of the proceeds of sale. They decided between themselves that they would keep the property and rent it out - buying out my share - I had no say in the matter. First they tried to base my share on a figure lower than the probate value, then I discovered in 2015 that in the previous year they had assented all of the property to themselves. They then pretended to 'buy' the property and send my share, but retained the £10k. They have charged the estate for all the bills relating to the property despite owning it since 2014. The accounts they sent show they used my mother's bank cards after her death to empty the accounts and they have not provided evidence that the money was properly spent. Also they have concealed transactions on the bank statements. My brother charged the estate for a flight of £259 and taxi of £90 to return from holiday just before our mother died, but she was unconsious and could not have authorised the cost nor was it an expense in the course of his duties as a PR. There are many disputed charges, a bogus receipt for which they claimed was dated three years before our mother died. I calculate that all in all I am about £6k out of pocket but they refuse to send me what is left of my money (having taking all their own) until I sign to say I have received the money, accept the accounts and indemnify them against any and all claims that might arise from the estate. Engaged a solicitor early on, but their intransigene racked up the bill, and I have to go it along, as it were. Any ideas would be welcome
CourtroomAdvice Editor 20/06/2016 at 3:12 pm
The only way you can claim this money back is take the matter to court. It will help your case if you have proof.
jay 20/06/2016 at 9:43 am
himy mother died and left me some money i have bank proof of this.i put it my sons account for safe keeping , he has spent 10.000 poundsand refuses to pay it back what can i do, i have askedso many times but refuses.
Adie Editor 20/06/2016 at 12:55 pm
@Taz - You can request to the courts that your address is kept private.
Taz 19/06/2016 at 5:50 pm
Does my address get given too defendant, or is it kept private?
Kat 17/06/2016 at 6:30 pm
Hi a member of my family is self employed. He carried out some roofing work for a customer and it was completed in Dec 15. He has tried contacting the customer a number of times about the payment which they are ignoring. He has it in text that the customer will pay him by bank or cheque and since then has not made payment or contacted him and will not answer the door or pick up the call to him. The amount is just over £1200 can he stand in court with this and will he have to pay the courts fee or will the defendant have to pay. This has caused him undue stress and short of alot of money as he paid for materials out of his own pocket??
Hattie 06/06/2016 at 3:17 pm
I obtained CCJ against person that owed me money. Then issued Order to Attend Court for Questioning through CC. Defendant failed to attend on two occasions. What happens now.
Gomez 02/06/2016 at 2:10 pm
My ex and her brother owe me money.it took me six month to get my clothes off her now she as sold all my furniture and the 2500 pound engagement ring I have text of her saying that she will pay me all the money back but she hasn't paid a penny back yet.
Red129 Editor 02/06/2016 at 10:01 am
@Dodgy Knees - you can claim against the person if they are advertising as an individual. You don't have to claim against a company in the small claims court.
CourtroomAdvice Editor 01/06/2016 at 1:51 pm
As the amount is over £10,000 then you would not be able to use the small claims court. Therefore, you would be best advised to seek legal advice regarding whether you may have a case to claim if there was nothing drawn up to say you lent the money to your ex. The solicitor will advise whether you stand a good chance of proving whether the money was a loan and not a gift.
Dodgy Knees 01/06/2016 at 7:36 am
Had some work done, (badly). It seems the work was being done on the side by the manager.

Can someone claim work was done by a Ltd company when no receipt was given, no emails have any company details, the website does not mention a Ltd Co, the work was done outside normal working hours and they are advertising as an individual.

Well obviously they can claim it, but is the work the responsibility of the individual or the company.
Lisa 31/05/2016 at 8:32 pm
My ex boyfriend owns me over £13,000 I have bank statements to show most money transfers but not all but I don't have a agreements signed by him that he would pay the money back where do I stand and he haven't paid me 1p bk and it been nealy 2year
Can you point me in the best place to go please

Thanks
CourtroomAdvice Editor 25/05/2016 at 12:58 pm
You can use internationally-recognised court forms to recover money you’re owed by someone in another EU country. This is known as making a ‘cross-border’ claim, please see gov.uk whichI hope this helps.
Jones 24/05/2016 at 10:11 pm
How can I claim money owed £7600 by a family member but they live in Spain.
We have evidence of all payments made to them, 2x cheques which have bounced and emails acknowledging the money is owed. This all started nearly 10 years ago with the last money loaned to them was Nov 2015.
CourtroomAdvice Editor 24/05/2016 at 10:32 am
I have included a link here to one of our other sites which may help you further, particularly the page: What if the Other Party Makes a Counterclaim? here. I hope this helps answer your question.
CourtroomAdvice Editor 23/05/2016 at 2:59 pm
I'm afraid in this case you would need to seek legal advice, especially if he wishes to assign the whole amount to you and he has mental health issues. It is unlikely the courts would accept this. Professional legal advice here is a must.
SandraD 23/05/2016 at 9:55 am
Hello - I purchased a faulty and unsafe item from someone (which was also condemned by a professional and paperwork issued to say so)
Anyway, the defendant became aggressive on via phone so I had him reported and logged with the local police station in case he came to my house.
The citizens advice suggested sending a letter recorded asking for the money I had spent making the said item legal and safe. I was ignored.
I open a case on Money Claim online and he has filed a dispute and counterclaim? What on earth can he be countercalimimg for? I am very confused. Any help is appreciated.
Andy 22/05/2016 at 11:59 am
Hope you can help.

i am owed10k from an ex business acquaintance. The debt has been outstanding for some time. He has been mentally unwell and therefore i have not chased him.

i recently have come to the knowledge that he has an ongoing court case (outisde time limits) against someone who owes him a debt. he has not been able to deal with court case due to his ill health. the defendants at one point agreed to settlement of 10k but he refused as he believed they owed him substantially more.

he has approached me to to accept assignment of the case over to myself as full and final settlement of his debt with me. the amount owed to him is considerably more than the defendants have offered. he wishes for me to continue with the matter and keep everything i recover.

my questions would be:
(a) due to his ill health, can we carry on with the the claim if we are outside the time limits.
(b) can he assign case to myself over a debt.
(c) what would next steps be for me if this is possible .

kindest regards

Andy
CourtroomAdvice Editor 20/05/2016 at 11:58 am
I can only sugegst you seek legal advice regarding this. If the council property was deemed not fit to live in at the time you were living there or shortly after, then you may have a case.
Scotty 19/05/2016 at 4:05 pm
I had a ccj against me for none payment of rent. I refused to pay the rent as the property wasn't fit to live in and the landlord didn't carry out the work required. At the time I just started paying the amount requested each month by the court and have paid £1000. After speaking with a friend she said I should claim that back or try and get the ccj cancelled. How can I do this? And is it possible? I have documention, pictures and a council official said the property is not fit to live in. Please advise
CourtroomAdvice Editor 13/05/2016 at 10:54 am
I am very sorry to hear this. Did you report this to the Local Authority dog warden at the time? As the police can serve a dog control order on the owner. The Act extends the remit of the Dangerous Dogs Act 1991 to make it an offence for a dog to be dangerously out of control anywhere. Greyhounds (especially retired circuit-trained ones) although not on the dangerous dogs list, are renowned for this sort of behaviour. If you can prove this happened, you may be able to follow up the claim.
Seeking Justice 12/05/2016 at 10:16 am
My cat was horribly chased and killed by two out of control Greyhounds whilst the owner stood and watched and did not stop them. When he eventually intervened, it was too late and my cat died in my arms. The owner has never even apologised to me and feels that he did nothing wrong and that his dogs did nothing wrong. They were totally out of control and in a killing frenzy. I now have a vet bill for nearly £400 for the Post mortem and crimation costs which I have asked the owner of the dogs to pay and he has refused to do so. Can you advise proceedings for recovering this cost?
CourtroomAdvice Editor 03/05/2016 at 10:56 am
If you want to take private action to sue for compensation, in this case you would be advised to seek legal advice as we cannot predict the strength of your case. You could also suggest taking to Alternative Dispute Resolution, which may help you and the other party come to an agreement before the matter goes to court.
Davyj 02/05/2016 at 11:52 am
Hi
I am in the process of suing pcworld because I had a failed storage device and I wanted them to recover the data. Before they could attempt recovery they lost the device, and they admit to this. They think it is sufficient to just refund the cost of service, but this does not put me back to where I was because I now have no way to recover the data, so am using for compensation. How strong is my case?
Cooper 25/04/2016 at 8:03 pm
I had a holiday booked but due to certain matters I hold the other two people I would have to cancel they could have had it changed with a cost of 20 each but the lead devices to also cancel telling me I would not get any of my money back, but I have all the details and statements to show how much I paid to the travel agent, they had not paid any thing but the deposit I had paid nearly 400 he is refusing to give me my money back can I take this through the claim court do I also have to register with the police the travel agent told me to
CourtroomAdvice Editor 25/04/2016 at 2:32 pm
You can apply through the small claims court. However, you will have to be able to prove that the money was lent and he agreed to reimburse you with the money, rather than the money being given as a gift. So, any re-payments, or agreements in writing will help your case.
Cat 25/04/2016 at 9:12 am
My ex boyfriend owes me 1500 I am finding it hard to get the money back from him is there anyway I can get it off him through a small claims?
I am trying to buy a house so I do need to have the extra money now to go towards these things.

Help please thank you.
sc 04/04/2016 at 11:58 am
how do you make a claim against British gas for harassment over a paid bill each year i receive fresh letters from a different company had about 6 over a paid bill which i do retain the paid receipt can i make a claim for harassment
Flix 28/03/2016 at 6:05 pm
I recently obtained a CCJ against a previous employer of mine. She did eventually pay the debt but was late in payment meaning she is now liable to have the CCJ recorded against her for 6 years. No one has written to me asking if or when the debt was paid so how does the Court know when a judgment has been satisfied and whether it was paid within the time frame?
Larry 13/03/2016 at 9:27 am
I am the leaseholder to a flat which is in a block of six and the freeholder owns four of the other flats.

He, on numerous occasions, has ordered the carrying out of works to the building and surrounding areas, and then sent invoices to me demanding payment for the work done.

But on each occasion there had been no notification beforehand that the work was to be carried out.

I have paid these up to now as I have been living abroad and the management company that has been renting out my flat have contacted me to say that the freeholder was chasing this money and so, to keep the peace, I paid.

But on the most recent occasion that he has done this I have refused to pay so now he has applied to the small claims court to retrieve the money.

The amount in question for the latest works comes to around 2,500 pnds and to have this work done and then demand the money after, without previous communication, surely cannot be correct, can it?

I was advised by a Leaseholders Association that according to Town and Country Legislation that the freeholder has the responsibility to inform leaseholders of works to be carried out well before they happen so as to give the other people involved the opportunity to object or find alternative estimates. but this hasn't happened and so have decided to challenge the claim.

Could you please advise me on this matter?

Many thanks.
Moo2 20/02/2016 at 8:06 am
Hi there, my landlord verbally agreed to replace my sofa and TV as it was damaged due to flooding for the upstairs flat..it was a recurring problem for some time..now it's took him 12th to finally fully decorate and replace the carpets throughout but now he won't return my calls regarding my property I have some written communication from him regarding the incidents and confirming the work needed I also have photos of the damaged TV and sofa but he is not returning my calls and I'm moving into a different property as the whole ordeal has made me Ill I have also just recovering from a serious accident and it's not helping me at all..can you please advise on my next course of action..thanks in advance moo2
apb 26/01/2016 at 7:22 pm
I am owed money from someone, I know where they work but they have recently moved house, I do not know their new address, can I still pursue them through the small claims court and if successful apply for an attachment of earnings from their employer
regards
Andrew boyd
jane515 25/01/2016 at 10:00 am
Hi we had a spa removed by a company who hired a crane to remove it. The weight of the crane has damaged our driveway. The crane company have said the hot tub company are liable as the hirer and they are refusing to accept responsibility.I have before and after pictures and the crane company are willing to confirm the damage. Apparentlymunder the consumer rights act we are to seek redress through the hottub company as we have no contract with the crane company. The hottub company are refusing to give a surname of anyone can we still go through the small claims procedure?
Meg89 24/01/2016 at 10:20 pm
My ex partner owes me £1100 and he also has my belongings at his place and is refusing to give me them back.I also found out he is on Clares law and has a number of assaults as well as other cases.The only proof I have that I lent him this money is two copies of paper from my bank that I got showing the amount I transferred into his account and a date and time etc I also have all my bank statements to show that he did not deposit or pay the money that he owes me back into my account? I also have text messages from him that I saved where I had asked if I could get my stuff back and him refusing.Is this enough evidence to prove that he owes me this money and my belongings??
Dan Editor 20/01/2016 at 11:33 am
@Liz - try ringing McColl direct as they are very helpful. But I think you can serve the papers to the address known and they may be able to go ahead and make a judgement.
Liz 19/01/2016 at 12:38 pm
I have a former customer who owes approx £200. I have tried contacting them by phone, email and letter. I sent the last letter by signed for delivery 2 months ago and it hasn't yet been signed for at the address I have. What happens to a small claim if the customer is no longer at the address I list on the form? Do the courts deal with that or do they stop proceedings? Thanks
Senior Lady 15/01/2016 at 8:23 pm
Had new central heating boiler, gas fire, and extra radiator installed in Sept 2015. Weeks later the shower head blew causing an almost new hall carpet to be flooded, also the main bedroom carpet in my bungalow, which the heating engineer had already soaked when he installed new radiator. He came and dismantled the shower and isolated it until he could replace it. In the meantime I had driers on to dry the carpets out. I went on holiday first two weeks in October and it was three weeks after my return before he came to replace the shower and re-tile the shower with my extra tiles I had. It was December before anyone used the shower as I am a widowed lady in my 70's and only use my en-suite.
Visitors who used the shower said it over shot them and hit the wall opposite, also the tiles are not on right. He charged me £200 for the shower and £2760 for the boiler, fire and radiator. I waited to see if the damage to the hall would dry out and realized this week it was looking worse. I rang the company I bought my carpets from and someone came out today to check the carpet only to be told it's completely ruined. It's matted, discoloured, delaminating badly right in the doorway. I rang the heating engineer up tonight who also owns his company to tell him the findings and also about the shower to see if he would let me claim on his business insurance and was met with the answer no, also two plug sockets are also off indicating water damage, but this man tells me I've left it too late to complain and he told me to claim off my own insurance, so please can you advise me what to do as I feel part of my lovely home has been ruined through no fault of my own.
CourtroomAdvice Editor 12/01/2016 at 2:20 pm
I'm afraid you would have to seek professional legal advice on your question due to its complexity. We cannot advise on in-depth issues.
Patty 12/01/2016 at 6:28 am
An engineering firm made an incorrect sewer connection (wrong location). They do not admit any responsibility as they say the location had been discussed in a meeting with me and a plumber. The 'plumber' was a contractor who was quoting at the time for the job, not someone I had employed at that stage or later .The engineering firm was also quoting for the job at the time and assumed without checking with me that the contractor was hired and that this was the procedure we would go for. When I accepted their quote (the engineering firm) they did not ask me for any further information nor did they confirm the procedure or location of the connection.I assumed there was a standard procedure (creating a manhole) and that one person's job did not depend on the other person's job. Their quote says that they need drawings from the client. When I questioned them about the drawings they declined and said they would take care of everything at their end. Again no further questions were asked. I probed again asking whether they needed anything from me. And again they declined (all of this exists on email correspondence). The building contractor I actually employed says the connection is incorrect (it needs to be elsewhere). The engineering firm is now charging me again for everything and demand I pay for the old invoice and new in advance. As I have not paid for the incorrect works the money I will be stung for is now about £1000 for road opening licenses and water connection fees if I contract a new person. Can I claim this money back from them?

Many thanks.

Kind regards

Anja
CourtroomAdvice Editor 06/01/2016 at 3:05 pm
Please see gov.uk link here which should answer your question.
DXB 06/01/2016 at 5:23 am
My ex-boyfriend owes me nearly £5000, I have receipts, invoices, statements for most things and text messages agreeing the total amount to cover what I had lent him in cash.

If he doesn't pay it back I would like to go to small claims court - but we lived abroad and half of the receipts are in a foreign currency....can I still use a UK small claims even if half of the owings were from another country?

Thanks
Tam 04/12/2015 at 2:39 am
Hi
Recently split from my partner during our last few months together we were living with his mum, I was in the spare room with a new born and allowed my partner to use my double bed downstairs. He and his brother have ruined it by smoking on it drinking on it and even had a fight on it. There are burn holes and stains all over it. Can I make him pay for damages so that I can get myself a new bed now im moving out? Im on benefits at the moment having had to stop working when I was pregnant.
Thanks
CourtroomAdvice Editor 25/11/2015 at 10:22 am
If you have owned the car for longer than six months, then you would have to prove that the faults were present from the day you purchased the car. Please see Which link herewhich clearly explains your rights.
Sparky 24/11/2015 at 6:59 pm
Hi
I had a wooden garage built , and after 2 weeks some of the shingled roof tiles blew off when we had high winds , the firm that built the garage said if I can go through my insurance they would quote for the repair , I of course said no . I am claiming that they did not tack the tiles down good enough, they reckon they did .
What do you think
Grover 24/11/2015 at 11:49 am
I purchased a 2nd hand car last December from Hallmark cars. A Peugeot 308 silver hatchback. I was overjoyed at having found my dream car, but as soon as I got it home the tyres started to go down! From then on it was one thing after another! The total cost of repairs £3, 000! My dad and I have been back and forth to the Peugeot Dealership in Preston for the past 12 months! We took the car back to Hallmark as soon as the tyres started going down but Colin claimed that their was nothing wrong with them which was a bare-faced lie as national tyres and Peugeot said otherwise - both wrong are they? I don't think so! I have proof as I have all the invoices from Peugeot. This car was sold in a very dangerous condition!
CourtroomAdvice Editor 06/11/2015 at 2:41 pm
You can only claim back pay, if you have previously registered a claim via the CSA/CMS, and your ex had defaulted on those payments. A court would not rule that your ex would have to pay retrospectively, if a claim by yourself had never been previously made.
laura 06/11/2015 at 10:48 am
Need some help please. I have an ex partner that has missed a fair amount of maintenance payments over the years. I have now contacted CSA to make the arrangement more official. However can I claim back the payments he has missed over the years through a small claims court
Helen 25/10/2015 at 11:27 pm
Hi urgent advice needed.
Is this situation considered a gift by the small claims court or not.
During our relationship my partner gave me his car, he signed over the c5 forms as reg keeper, he paid for upkeep of it. Each time we split and then we finally split he says you will have to find money to pay for the car. I never paid any money during the time I was with him for it, it was only when we split he wanted money for it, there was no agreement I'd pay him back. I need this car for my kids and work and since the split all bills are in my name again so cash is tight.
MarieB 25/10/2015 at 2:51 pm
Hi, I split with my ex-partner last year with whom I owned a house with, he is a builder and part owns a building company. The house we shared underwent a number of home improvements including a small single story extension, all of which were done by ourselves. I had put down the deposit for the house and we both paid our fair share for the works that have been carried out. Following our split the house was sold and the proceeds were split 50/50, however he is now claiming that I owe £2,000 to his company for materials that were used on our house and is threatening to take me to a small claims court, can he do this? I was aware that he had borrowed money from his company however I had never asked him to do this or personally received any of the cash, he spent it on what he chose for the house. Please help. Thanks.
CourtroomAdvice Editor 23/10/2015 at 10:54 am
For most consumer claims you have to make your claim within six years, please see CAB link here for more information.
longone 22/10/2015 at 6:47 am
Hi, I`m looking to make a claim against my ex partner. I took out a loan of 6k for her 10 years ago as she was in financial difficulty. I transferred the money from my bank to hers on the understanding she paid money into my account each month to cover the repayments. She made the first payment then decided to stop the payments leaving me to settle the loan. Now that she`s financially secure, will I be able to claim back the money back even though it was 10 years ago? Didn`t go to court proceedings previously as she had a son who depended on her. but now he`s 18 and earning his own wage and her financially settled.
shaz 13/10/2015 at 4:40 pm
I fell out with my step father 4 years ago. I had a phone call last night from him saying he was taking me to court for some money he lent me in 2003. However he lent me the money with the intention that I'll pay it back of its ever possible. Nothing was signed and it was given to me in cash. He is only doing this as we have fallen out. He has never once in 12 years asked me to pay any of it back. I'd actually forgotten all about the money cos it was given to me in good faith as a father and daughter. Can he do this or is he just blowing out steam to scare me
Webby 07/10/2015 at 9:14 am
I have a sticky situation.
In 2012, I took out a car finance for my ex partner because she doesn't work, and because is unable to get credit for herself. I pay out of my bank, but she pays me before the payment is taken. The finance ends in 2017.
I can get a settlement quote from the finance company, and I really I want to wash my hands of it so it looks better for my mortgage application.
If I get a settlement figure, am I able to make a small claims against that sum?
Chas Editor 02/10/2015 at 11:34 am
@Chaira - It would be unlikely that you would be able to claim money from him through the Small Claims courts if he is in prison, as he has no income. It depends what assets he has and whether the courts could get their hands on those assets.
Chiara 01/10/2015 at 11:15 am
My ex-boyfriend borrowed money from me over the time we were together: he paid some back but still owes me £3000, I had several emails from him promising to pay it back. We split up last year when he was arrested for harassing me and other women and he is now in prison, there is a restraining order in place so he can't contact me again. How can I claim back my money- do I need to get a letter to him before I start the small claims process?
CourtroomAdvice Editor 28/09/2015 at 9:48 am
As you are aware, you'll need the name and full address of the defendant including postcode in order to make your claim. The reason is, that when documents are served if the address is incorrect, the defendant can say that they didn't receive the court documents and the case could therefore be thrown out. However, there are ways around this, as suggested by the MCOL whichI hope this helps.
help! 26/09/2015 at 2:19 am
I am owed money but unfortunately do not know their address, how do I go about making a claim without their address? I do have their home and mobile number
LAW123 22/09/2015 at 6:44 pm
Is it possible to bring a Claim against a Client in Breach of Contract who is living in the USA? I have all the evidence and case prepared, however I must know if the fact he is in the USA and a US Citizen, not a UK citizen, affects the capability of a Small Claims Court. Thanks.
georgie 17/09/2015 at 7:18 pm
my partner's ex friend broke my partner's computer as he spilt coke in side it and we all agreed my partner will pay half and his friend pays half but in the end I had to pay his friend's half and I have tried getting the money back but he wont. He thinks he doesn't have to pay but he's the one who broke it he should at least pay his half. I have been asking since April as that's when he broke it. What should I do. I am now considering making a small claim against him to recover the money owed to me.
Sad 12/09/2015 at 2:35 pm
I wired to a friend to purchase a product at a discount rate mount story short we never got money back or product she sent messages she would repay multiple times but since then moved how can i take to court?
CourtroomAdvice Editor 09/09/2015 at 1:57 pm
Yes, you can if your fiance can prove the money borrowed was a gift and not a loan.
CourtroomAdvice Editor 09/09/2015 at 10:26 am
If there had been any works needed doing on the back of the survey report, then the works should have been completed before exchange and at least before completion. Your friend would really have to speak to his/her conveyancing solicitor regarding this, who will be able to professionally deal with the situation.
Lindy 08/09/2015 at 10:57 am
Someone owes my fiancé money. Can I take them to the small claims court or take action to get the money back?
Snoopy 08/09/2015 at 12:22 am
Hi,

I have a colleague who sold a leasehold flat in January this year and all when through with solicitors. The buyers are now pursuing my colleague with letters at work and there solicitors asking for money towards remedial works that were completed on the flat building after we have vacated. Can they take my colleague to a small claims court for this.
I would appreciate your advice
CourtroomAdvice Editor 04/09/2015 at 2:14 pm
How frustrating, if they have signed for it, then they should take responsibility for the loss. Please see MCOL here which should help you further.
twinkle 03/09/2015 at 6:12 pm
I sent a car key to a company to have the remote refurbished on it and they have lost the key but refunded me the cost i payed to have it done. A new car key from a main dealer will be around £200! Can i make a claim against this company to recover my costs. I have copies of the Post Office tracking service to say they recieved the key and a signature from the person who signed for it!
Love 01/09/2015 at 12:00 pm
hi,

is it possible to make a small claim against someone who i dont have an address for...but have current mobile and text to back claim up?
KAB 27/08/2015 at 12:04 pm
@JonJ
I am prepared not to get the money if he (no longer has it) but he did have it and will have it again. I don't mind the costs to get the ruling but this is more principal than financial. I just wanted to know whether private pursuit of CSA debts are allowed/possible. The CSA are no help with advise at all.
I appreciate this is perhaps spiteful but that's what happens when people live it up and wont contribute toward their own children.
Jez Editor 27/08/2015 at 2:06 pm
@Gengar - you should take it out against the business, if was under the business name that he was doing the work.
CourtroomAdvice Editor 27/08/2015 at 11:51 am
Any admission of owing you the money will help should you wish to pursue the claim through the small claims court. Therefore, you should gather as much evidence as you can in order to prove that the money was loaned by to your ex with under the agreement he would reimburse you. Proving that you could not ordinarily afford to gift him the money will also help your case.
Gengar 26/08/2015 at 5:03 pm
I will be taking out a small claim action in Scotland for return of monies for bathroom work that was never started. A cheque for the monies was received from and on behalf of the company involved but had been rejected by the bank as it was 'not signed in accordance with mandate'. The individual concerned will not answer his phone or respond to messages left either on phone or email. Should I take out the claim against the individual or the registered business that he is sole director and employee of? The money was paid by bank transfer to a company account.
JackJack Editor 26/08/2015 at 2:36 pm
@BrokeMoney - Any evidence will help, especially if it can prove he owes the money.
Wilson 26/08/2015 at 2:12 pm
My partner and I went on holiday in June for a week, I paid for the flights, hotel etc and he said he would reimburse me when we returned as he was short of money. When we returned he finished the relationship and still owes me some of the money - about £400.
I have proof that I paid for everything - I have asked him for the money and he said that if I pursued it he would say that the holiday was a gift. However my son received a text from him yesterday asking if I could return a t shirt to him and then he would pay money into my account. Would this be seen as an admission of owing the money ?
BrokeMummy 25/08/2015 at 8:20 pm
Hi there,

I have financially supported my ex for the past 4 years whilst he refused to get a job. We now have a son together and he eventually got a job last November. Even when employed full time, he refused to contribute on a regular basis for his board or towards his son's childcare so I made him sign a contract in February. He signed a detailed contract stating that he would pay me the board arrears from November to February, pay a set amount for board from February for as long as he lived in my home, pay me the money he conned from my mother, pay me the money he conned from my childminder and pay half of the credit card debts I accrued when supporting him financially. I have paid both my mother and my child carer back with my own money. Every element of the contract was signed by him to acknowledge what he did, how much he owed and how much he would pay pack every week.

He paid me for 3 weeks in a row according to the debt management schedule so I threw him out in June. He has since refused to pay any of my money back, refused to contribute 50% towards ongoing childcare costs (as agreed in the contract) and I am in a desperate financial situation.

I am considering filing a County Court Judgement but the fee is £410.00 (claims between £5-10,000.00) so I want to be at least a little confident that my contract will stand up in court. If it helps - I can provide evidence that he sent £7,800.00 to Africa during the time he refused to pay board for living in my home, evidence of the exploitation of my mother and child minder etc.

I guess I just need some reassurance that a written contract signed by both parties (like Judge Judy always recommends!) will stand up in Court and help me win my case.

Thanks
JonJ Editor 26/08/2015 at 11:29 am
@KAB - if he hasn't got the money, then the courts can't order him to pay. Plus, if he is not earning then the courts will take this into account and it may be that you end up out of pocket due to the court costs.
KAB 25/08/2015 at 1:25 pm
My ex partner owes me £1600 via the CSA . The money owed is from when he was employed. He is now (allegedly) not working so I appreciate he no longer pays.
Can I pursue him (at my cost) through the Courts for the outstanding owed money. The CSA seem to be only interested in getting cases off their books so proving no help.
CourtroomAdvice Editor 19/08/2015 at 12:16 pm
I can only suggest that if she didn't agree to the loan being taken out in her name, then she can reports it as a fraud.
Tamalam 18/08/2015 at 4:07 pm
This is on behalf of my mother in law, one of her sons has took out a TV on finance for over £2000 in her name and is refusing to make any of the repayments , he's basically saying it's in her name..tough!! She's an elderly lady with not much income, she has made a couple of the payments herself, which is £183 a month, as she's scared of bailiffs turning up, is there anything that can be done ?
CourtroomAdvice Editor 14/08/2015 at 11:21 am
This is a very tricky question to advise on. If you're thinking of taking a trader to court, judges now generally expect you to have considered the use of ADR, before you start court action, see CAB whichFor you, the advantages of settling before the hearing is that you will re-coup the lost money quicker than you would than if it went to court. Plus, you will be avoiding the stress of a court case in which you are not guaranteed to win. I'm afraid we can't advise whether this is the route you should take as you may have reasons why you feel you need to fight your case. If you are unsure about your decision, you would need to seek professional legal advice.
Ginger 13/08/2015 at 10:37 am
I have started a small claim against a contractor to recoup money owed for building work our business carried out as a sub contractor. Work was completed in May and final invoices submitted. We received documentation from the contractor for revised amounts and he had deducted a substantial amount of money stating that he has had to pay this money to correct work we had carried out and was therefore deducting it from the bill. We advised that we disputed this and wanted to discuss so he could justify the amounts and reasons for these deductions. We received no further correspondence or communication from him until I am assuming the court papers landed on his desk. He is proposing to pay the revised amount on the understanding that a document is signed to say that this is full and final settlement and no further action will be taken by us. If we refuse to sign this and let it run it's course through the court system is it likely to reflect badly on us should it have to go to a hearing?
Scarly 12/08/2015 at 10:23 pm
I bought a car on Ebay and I paid via PayPal before to see the car.When I was to pick up the car, the car not was as described (oil was burst on the road and other defects ) so I decided to not take the car. He said it is ok but after he didn't wanted to refund my money. What I should to do ?
helpme 03/08/2015 at 8:40 am
Both myself and my husband helped my son and my grandchildren when he left his partner. My son got the residential order after a long winded court case and the court fees went up to £15000. We paid £10000 on our credit card as a loan to be paid back by my son. We couldn't afford to pay the extra £5000. We have tried a number of time to talk to my son and he will only answer by text or email and in each case he has said he has no money as he has to pay the £5000 and he own bills as now lives with his girl friend and they have 6 children between them. He had been paying £200 a month but 2 months ago he stopped paying and this is causing marriage problems for me and my husband as we cannot afford to pay this bill. My son has told us to get in line and take him to court. please advise how I can get this bill paid.
oldsoulchild 28/07/2015 at 7:55 pm
a 'friend' bought something from me and although he keeps saying he will pay I have now waited 5 months, while reading through old messages we'd sent each other I realised he already owed me £100 from 2 1/2 years ago which he's never offered to pay back. as he clearly cant afford to pay me I told him to bring back my belongings. he is now ignoring me. I want to take him to small claims court but I don't have an address for him. is there anything I can do?
Fleetwoody 21/07/2015 at 12:48 pm
HI
I need to take someone to small claims court, but I dont have their full address. This is a sole trader operating under a business name and she is breaking the law by not providing her trading address on either her website or invoices.
How can I go through the small claims if they cant send her documents?
tazz 18/07/2015 at 3:08 am
To Whom it may concern,

i would like to ask ,i was taken to small claims court for fees of an estate agent 2007,i have been paying 8 years ,i have sent letter how much left to pay,no response but cash payment i send every month,may i ask could i stop paying this after 5 years please
Jeff 16/07/2015 at 8:58 am
Hello,

My father would like to bring a case to the small claims court because he was missold a car. He's tried but was rejected by the court because he doesn't currently live in the UK. He is however a British citizen and the car was purchased in the the UK. Is this correct? And what other options does he have if he can't pursue the matter in the small claims court?

Many thanks
Bill 12/07/2015 at 11:28 am
Wiltshire police consistently refuse to comply with the equality act by refusing to allow my disabled son to make written statements instead of video interviews. He is autistic and finds video interviews distressing. He has been robbed in the street twice on each occasion having an expensive mobile phone taken. Police refuse to investigate and make up any excuse to allow offenders to escape justice. My son has now suffered over 200 hate crime offences, Wiltshire police have failed to bring about any one conviction for these attacks. I will be bringing the police into Arbitration for compensation due to their negligence. Do I tick the box asking if the case is a human rights matter?
CourtroomAdvice Editor 26/06/2015 at 12:52 pm
@Matt - in general terms you will only get the money back that you lost, as the court will not allow a profit to be made from the claim, i.e, losses for time, etc. I have included an additional link a CAB page, here which should explain everything more clearly. I hope this helps.
Matt 24/06/2015 at 12:53 pm
Reading a previous post then I am unable to claim for my own time. Does consequential loss mean the court costs?
Matt 24/06/2015 at 12:45 pm
Hi. I am owed £125 for work I have done for a member of the general public. I have a written statement from the individual acknowledging the debt and stating that they would have paid by 12th June.
if I taking him to the small claims court can I include the costs with the £125 owed for him to pay should I win?
Also can I and/or charge a rate for the time taken to make the claim?
Thanks matt
Needabono 23/06/2015 at 5:04 pm
I am making a small claim for damages to be assessed by the court. Do I put an approximate figure in the 'Amount claimed' box and pay the fee for that amount or what ? My estimate is around £700 so should I put between £500.01 and £1000 ?
CourtroomAdvice Editor 18/06/2015 at 12:41 pm
@Bryn - This is always a tricky subject. You may be able to take it through the small claims court if she is allocated a full refund and refuses to return your half of the payment. However, you need to check your booking conditions, as it is quite likely that the tour operator is within their rights to deny you a full refund, as laid out in the terms in their brochure. Tour operator cancellation charges are usually calculated on a sliding scale, with the cost of a late cancellation increasing as you get closer to the departure date of the holiday. In addition, legally, by cancelling your holiday you are in breach of your contract with the trader, or the tour company, and this means that they are entitled to compensation for that breach of contract just as you would be if they had done the same to you. The Office of Fair Trading actually looked at these clauses under the scope of the Unfair Terms in Consumer Contracts Regulations 1999, back in 2003, and decided that in most cases, cancellation charges weren’t disproportionate, even though the cancellation charge can be almost as much as the entire cost of the holiday. If you cancel a holiday earlier with more notice, you may only lose your deposit, which is reasonable as the holiday company will have a much better chance of reselling the holiday and therefore you’re only paying a nominal amount for their inconvenience. All this means you will need to find out exactly where you stand, as it may be that you are not guaranteed a refund and your ex may lose out just as much as you.
CourtroomAdvice Editor 16/06/2015 at 11:51 am
@Kirdawi - I'm afraid not, there are specific issues you can't claim for in smalls claims courts which include; your own time, emotional stress or consequential loss.
Bryn 16/06/2015 at 10:54 am
I recently paid 1400 pound for a holiday for me and my ex gf but booked it in her name now we have split up and she is refusing to change the holiday to me or give me my money back
Can anyone help please
CourtroomAdvice Editor 16/06/2015 at 12:53 pm
@becs - I'm afraid we couldn't advise on this, you would have to use your own discretion.
becs 13/06/2015 at 6:49 pm
My ex has got my son who lives with me to lie for a accident claim when someone bumped their car & has now asked me for their birth certificates for his solicitor. I don't want to be involved in this & don't know whether I should report him.
Kirdarwi 13/06/2015 at 4:05 pm
I recently won a case in small claims court against a car trader.they didn't show so they are now appealing the decision can I ask for compensation for stress when I go back to be taken into account
SG 08/06/2015 at 11:24 pm
I recently booked a hotel with my mate and his other friend, when paying I didn't have cash on me at the time so I used my credit card, after staying I realised they took an extra £50 from my card, I wasn't at all notified about this at the time but after calling the hotel the staff said that the money was withdrawn for the deposit and would be repaid within the week. I realised they didn't pay me back the week after and I called again to see why the money wasn't transferred back to my account, they said they will ring me back and get back to me about it, a few days past and no reply, I then called again and yet another person said they would get back to me about the situation which they didn't, I called a week after and demanded a refund as the hotel was left in the same condition that we arrived there. The response was that I was fined for smoking yet I have never had a cigarette In my life, I asked for proof and they shown a picture of cigerette butts outside, however none of us smoke, we never smoked when we stayed there and we left the hotel in great condition, the manager continued to disagree and said that I was responsible as I paid by card, yet none of us smoked any cigarettes and I was never notified that the hotel was going to take £50 off my card, really don't know what to do, I feel as though I've been scammed In a way and was wandering if there is any point to make a small courts claim, £50 may not seem much but for a student like myself it is a big deal as I'm already in debt as it is, is there any point of me making a case or will nothing come out of it?
CourtroomAdvice Editor 10/06/2015 at 10:31 am
@ewhitehead2 - you don't say whether you are married or not. However, you may be able to claim through the courts if you can prove that these bills were not yours, but his. I suggest you seek some legal advice from the Citizens Advice in order to assess what you may or may not be able to claim for.
ewhitehead2 08/06/2015 at 4:34 pm
Hi I'm just wondering what to do..my ex and i split a year ago..he took my tv and didnt pay the first 3 months worth of child maintenance, left me 4 grand in debt with rent and council tax arrears as well as i now have to pay half a hmrc debt he ran up of 990 pound because he didnt declare his pay rise or that we werent together as well as saying he had paid off the remaining 650 of finance on the car which he gave to me after the split which ive ended up paying back even though the bill was still in his name and he agreed to and swore hed paid off...is there any chance i could get this money back from him?
BrynB 18/05/2015 at 4:26 pm
Hi,

3 years ago my neighbour started harassing myself and my family and the police did nothing to stop him. We eventually moved house as we genuinely feared for our safety due to his threatening behaviour and had to rent it out but lost a lot of money in the process - I think probably in the region of £80,000.
I can't afford to take the police force to court for the full damages but could I use the small claims process to get £10,000 back? This would really help and I have plenty of evidence that they did not support us when we were being harassed.

Help!

Thanks,

BrynB
CourtroomAdvice Editor 14/05/2015 at 12:14 pm
@godwin - Your employer would only be able to withold money form damages if it was stipulated in your contract that the company could do so, and you had signed and agreed to this. If you haven't been given or signed a contract, then your employer has no right. I suggest in the first instance you give Acas a call for some free employment advice via whichAcas will be able to advice fully on whether you have a case to take to the small claims court. I hope this helps.
godwin 12/05/2015 at 2:59 pm
hi i have been working for a service company for 4 weeks. we had no written contract agreement due i know i would not be staying long with them. 2 weeks ago i told him i was leaving the job and he said i need to give him a week notice if not he is not going to pay me for the last week. i agreed due i didn't want any problem. so last Friday was my last day working for him. he rang me up yesterday and claimed i did some damages to his van which i know i didnt do. he owes me £640 for the 2 weeks work and he says the damages are worth £660 . my mistake is i didnt take photos of the van when i left. what do i do at this point please.
CourtroomAdvice Editor 11/05/2015 at 12:48 pm
@Needabono - OK, you didn't specify this. You can find out all you need to know whichI hope this helps.
Needabono 09/05/2015 at 12:46 am
Thanks for response. I would be claiming less than £10,000 but my reading of the 'justice' website is harassment claims must be made under part 8 procedure, whatever the amount, which stipulates multi-track only. Have i got this wrong ?
dog 07/05/2015 at 6:45 pm
M25 road collapse friday 14th nov 2014 due to a pot hole collapse after a previous
repair failed causing a 14 mile tail back resulting in my failure to reach Gatwich airport
in time for my holyday flight.My insurance does not pay out in this instance.I am claiming negligence due to a failed repair not been overseen and carried out correctly.
CourtroomAdvice Editor 08/05/2015 at 11:47 am
@Needabono - It depends on the amount of money you wish to claim. Multi-track is generally for claims in excess of £25,000. The small- claims is for claims under £10,000. With multi-track, the procedures are similar to those in the fast track and the person who loses generally has to pay the winner’s costs. Multi-track cases may also be heard in the High Court. I hope this helps.
Needabono 07/05/2015 at 4:18 pm
Hello, I want to sue a company for harassment (similar Ferguson v British Gas). Solicitor at CAB advised small claims track but I think it is Part 8 procedure which is multi-track - does judge have discretion ? Do I go small claims and see what happens ?
Thanks
CourtroomAdvice Editor 07/05/2015 at 11:58 am
@kapital block - you may want to give Acas a call via the link here to see if your company is within its rights and if you are entitled to back pay . I hope this helps.
kapital block 06/05/2015 at 2:51 pm
Hi! I work in this company through agency. For 13 months now. I've been trying to say to the agency that by law I should have the right to get paid the same as my Co workers. They tried meetings but would come up with the same answer. They pay the same to everybody. But than a couple got a contract earning 7.75, doing what I do. I get 7.19.
Finally I proved my point and they say they will pay starting date January when they did this contracts for the couple. But I know they always paid that rate to the others. But they quit so they are not there. And I should get my money from the start after the 12 weeks.
So my question is can I bring up this contracts of this persons who were there when I was working and they were earning the 7.75?
CourtroomAdvice Editor 06/05/2015 at 3:00 pm
@Marylee - This is very unfortunate. The general rule is 'buyer beware'. I'm afraid that when you buy from a private individual, you do not have the same consumer protection as when buying from a trader. While the item should be 'as described', i.e low mileage, one owner etc, it is your responsibility to have it checked over and always advisable to have a qualified car mechanic make the checks before you finalise the deal. I'm afraid there is very little you can do under the circumstances. A lot would also depend on how much you paid for the car and its general condition, for instance if you paid £500 and it was old, then you may expect something to go wrong with it.
Marylee 05/05/2015 at 1:06 pm
I purchased a car on e-bay on a private sale. Went to pick it up, checked it on the spot, checked oil, test drove it and everything went well. Paid by cash and on my way home smoke was coming out of the bonnet. I can't drive it now. Contacted the seller but he insists the car was fine when he sold it and that I had the chance to look at it as much as I wanted. Can I claim my money back via a Small Claims Court?
Bigjohnl51 05/05/2015 at 10:20 am
I have received a County Claim which I dispute and have lodged a defence. I have since read a lot more on this subject and would like to add things to my defence. Can I do I do that at this stage and if I can , how do I go about it?
Kevo15 29/04/2015 at 6:56 pm
I bought a sofa through a catalogue which has been damaged due to a manufacturing fault as advised by the service rep they sent out, this was in January and we have had 2 failed visits to re upholster the furniture. 1st time the wrong size material was ordered despite the advice rep coming out to measure up and the second time was today and no one turned up as they hadn't had the material delivered. I've wasted 2 days off work and made numerous phone calls for this to be sorted and I'm still no further forward in getting the faulty furniture fixed. Where do I stand if I want to take this further, have I got any legal rights to have this repaired or replaced after 4 months of trying, I regard the timescale as a reasonable amount of time that they have had to get this resolved? Thanks.
daz 26/04/2015 at 6:55 am
I do not understand why my details keep getting asked for yuors D Mounter
daz 25/04/2015 at 5:56 pm
just before xmas i had a contract with o2 i then had a problem with my phone which was mine iwent to the o2 shopon about 4different times the staff told me i had broken my own phone there were no technical staff on duty at all.sothe sales staff forced in hairgrips and also paper clips this was all caufht on videowhen i explained about the cctv theythen sent my phone away for repairs the phone was unfixable up to know this has taken 7days
so i could not work at all over xmas period iestimate my losses atabout£1375and all the work i lost over xmas in total about £1850and thats aconservitive estimate
Matt 24/04/2015 at 5:49 pm
Hi, my ex-girlfriend owes me around £7,000 and even signed an agreement to pay it back. My solicitor thinks the small claims court process will be straight forward and I would win. Stumbling block is, she persistently avoids me, changes her number, deleted me from facebook etc so its increasingly difficult to try and find an address to post the claim forms to. She claimed to have a solicitor but didnt know her address?!?!

She is now threatening to report me to the police for harrassment because Im asking her for an address every day.

Is there a way I can find an address for her, or can forms be submitted via email?

Thanks,
Matt
Nick 23/04/2015 at 2:42 pm
You would have to double check, but a person under 18 should be able to be represented by a guardian.
Andy 22/04/2015 at 2:14 pm
Hi, I know a young lady who needs to recover monies owed from an employer (sole trader) and I've suggested the Small Claims Court, but she is only 17. Would her parents have to make the claim on her behalf?

Andy
CourtroomAdvice Editor 23/04/2015 at 11:04 am
@bunkee - this is a highly unprofessional practice and you need to report this to the police as soon as possible.
bunkee 21/04/2015 at 4:19 pm
A local car dealer (who we knew) asked me if he could put my daughters car, that I had up for sale, onto his car lot. I agreed but he has now sold the car & refuses to pay us our money.
I hadn't given him the 'log-book' but he did ask if he could take a photocopy of it so he could show it to prospective buyers. I only noticed recently that, without me knowing, he had torn out the 'new keepers' section from it's rear so he could sell it without informing me & the buyer would be unaware that anything was amiss.
Where do I stand on this & how can I get my money?
Andy Editor 16/04/2015 at 11:21 am
@Sye40 - You really need to look at your finance document. When you insured your car, then did you give the full value including finance? At the same time a lot of insurance companies will try to undervalue your car, so do not take the first offer. You may need to present them with evidence of the true value of the car. But in reality, the insurance companies don't insure for your finance, some will pay off the full amount if you pay a premium, but it really is down to what is the current value of your car.
Sye40 15/04/2015 at 6:30 pm
Hi, I was involved in an RTA with a lorry and the driver has admitted responsibility. However my car was written off and still leaving me with a large amount of money still owed on the bank loan I got to buy it. The problem is the value amount will not cover what is left outstanding and will mean me still paying for a car I no longer own is there any action I can take to recover this difference.

Thankyou
tashab 14/04/2015 at 10:30 am
So can I not even try and claim for compensation? Ive not been given enough from my insurance to replace the car so now am carless through no fault of my own! If it was my fault that's fine id have to accept it but its not, their wall damaged my car
Gogs 14/04/2015 at 8:37 am
Hello,

I purchased faulty goods from a supplier in England. I have a Scotland and England address but I am working overseas in the Middle East.

Can I raise an online claim against the supplier? Do I have to use my England address or Scotland address or does it not matter given the supplier location being in England?

Thanks

G
Ali Editor 15/04/2015 at 2:45 pm
@Jimmy - yes, you would need to start again and present it as a fresh case.
Jimmy 13/04/2015 at 1:57 pm
Hi I started a small claims but due to threats and damage caused, plus I'll health and severe grief I stopped , I had a date for the court but couldn't cope with it all..
I now wish to take it up again as new evidence has also come to light... Is this possible? Or as I'm told by the court I need to start over again??
Martin Editor 14/04/2015 at 10:27 am
@Tray23 - I don't think there is much you can do there. Did you think someone else had been paying the bill on your behalf? I am surprised they let it go on for so long. But you might have to pay up you may otherwise find yourself in the small claims court and you may incur costs on the amount also.
Tray23 10/04/2015 at 7:47 am
I have received a online claim from my daughters nursery, it's reference to outstanding bill. My daughter was at nursery for over a year and I was constantly asking for invoices, at the time I was claiming child tax credit and because of no come back I assumed that it was all paid and update. I heard the nursery was closing down due to ofsted report and now a bill for £490 had arrived. I asked for breakdowns which I was told made her angry and now a threat of court had arrived.
Kel Editor 09/04/2015 at 1:47 pm
@soph - if the person is illegally selling the tickets then surely they have no case!
soph 07/04/2015 at 4:45 pm
I agreed to pay for two tickets for a match, but then it was too snowy for me to travel. The person, who illegally resells season tickets, is now demanding the £86 from me and says he will go to small claims court. He does not have my address but I am worried that he will try to claim against my parents' address as that's the only one he has, despite them having nothing to do with it. Can I defend this and can he claim using their address?
Ollie Editor 07/04/2015 at 10:17 am
@Tashb - it probably isn't advisable to claim extra as that would incur more costs through the courts and you would not necessarily get it as you agreed to the £350 excess through your insurance company.
Tashb 03/04/2015 at 8:35 am
A neighbours wall collapsed and fell on my car. It's subsequently written it off. At first they didn't want me to go through insurance and said they'd sort it but I was dubious as unsure if it was just body work or mechanical damage that has been done. Anyway I'm wondering can I claim back my £350 excess fee from them? Any payout I get from my insurance won't cover a replacement vehicle so that extra money would go a long way towards that - and I'm not being greedy and asking for the cost of the car just the excess. They don't seem to want to pay, providing I send letters etc can I escalate it to small claims if they don't pay me?
tom 24/03/2015 at 2:47 pm
My ex girlfriend owes me £2200 from what I lent her for rent and she said she was going to pay me back and then one month later she deleted my number and deleted me off facebook so I can't easily contact her. Any help on this situation would be great
CourtroomAdvice Editor 25/03/2015 at 2:05 pm
@DOD - I have included a link to Action on Elder Abuse, whichI hope this helps.
DOD 22/03/2015 at 9:36 pm
A Small Claims Court refused to consider clear bank evidence of a fraud perpetuated on my 87 year old mother by a 'Carer' who went on to use the Court to extract a further £7000 from her as in her state of early onset dementia she was too confused to reply to Court correspondence. Is this an 'abuse of process' by the Court and can I do anything about it? (Appeals have already been rejected by Court)
I guess what I am really asking is, is there any advocate/organisation in U.K. to protect the elderly from abuse or do we have to suffer this injustice as just the way things go (the police didn't want to know -said it was a 'civil matter'.
CourtroomAdvice Editor 17/03/2015 at 2:32 pm
@marj - I'm afraid you cannot claim retrospective child support from an inheritance, or the likes of redundancy.
marj 14/03/2015 at 9:14 pm
I was awarded 30 pound a week child maintenance when me and my ex hubby split up, he only ever paid the 1st payment, he said he couldn't afford it, I never bothered him again about the money, because I preferred to struggle and bring them up myself . my children are grown up now and I was wondering if I could take him to court to try and claim this maintenance back as I know he has just came into a considerable amount of money
Jade Editor 13/03/2015 at 11:49 am
@Lee - you don't say why they have turned down the claim. Is there any damage? If there is, perhaps it something you can approach your insurance company about, they may be able to advise who is liable?
Lee 11/03/2015 at 5:33 pm
I purchased a washer & had it delivered & installed. A week later we noticed the floor was damp and investigated. There was a leak from where the washer connects to the house supply. I initiated a claim against the installers but they have turned down the claim. What can I do?
Cass Editor 12/03/2015 at 2:27 pm
@Jay - This is so annoying when people behave like this. I can understand you must feel so frustrated as well as being angry. How did you find this trainer? You really need to be able to find the address in order to serve the papers. Have you anything to go on at all? Would the bank be able to help if you transferred the money in to his account? You could use a tracing agency, but it will cost or you could do some investigation through the electoral rolls etc in order to trace him.
Jay 10/03/2015 at 7:59 pm
Hi please can someone help I transferred £1200 to a personal trainer in September 2014 had 2 sessions he made ridiculous excuses I haven't heard from him since I've tried ringing etc don't have an address for him just want to get my money back this has all contributed to high stress levels as he is galavanting living it up etc is there anyone that can help I can not believe people like this get away with it.
Barry Editor 11/03/2015 at 12:33 pm
@Family girl - disappearing tenants quite usual, so your landlord may be accustomed to dealing with tenants that don't pay up and may have a method to trace people who don't leave forwarding addresses. Yes, he can take it to the Small Claims Court, but he will need to prove what damage was done.
Family girl 09/03/2015 at 6:08 pm
An ex landlord is trying to claim £500 from me saying i left the house inhabitable. I left in January. He got new tenants February -October and made this claim to me in November. He wants to take me to small claims court now as I refuse to give him money. He does not have my new address. Is this possible??
Fee Editor 09/03/2015 at 11:26 am
@KoKo - It depends what the debt is and whether they have left a forwarding address outside the UK. If they haven't, you might have to attribute the CCJ to their last known address. Also, if they have left assets in the UK a CCJ can be taken out against the UK asset even though they are not present.
KoKo 06/03/2015 at 11:19 am
what can you do if the person you want to make a CCJ to has moved out of the U.K.?
Andy Editor 06/03/2015 at 2:24 pm
@smiffy - there is no guarantee you will get your money if you do take it to court. If your client hasn't got the money then it is difficult to get blood from a stone and so they may decide to order the payments by instalment, or request that a bailiff seizes goods to that amount. However, if your client does have the money squirrelled away, then you may be able to get it all in one go.
smiffy 05/03/2015 at 2:59 pm
I wanted to ask about typical time scales for serving a writ. A client of mine is well overdue in paying me. He says that cashflow is still tight and can only pay me 2k chunks of the 18k he owes me in total. The account is now over 90 days so I spoke to someone who said...."serving court papers my actually slow down you getting your money" he said that he did this a number of years back waiting then for a court date to be set took 2 months plus the other side do have the right to put in a defence which again slow matters down and the court date was set aside by his clients.....all in all it took 6 months to get his money the day before the court date.....it would have been quicker to have taken payment bit by bit. is this true? he did say it wasn't a winding up action just a writ. Winding up costs about 2k which he wasn't willing to spend.
Anna Editor 05/03/2015 at 12:32 pm
@Deks - yes, you are still liable for the refund and I suggest you speak to them again and if you get no joy this time send a letter requesting payment in a certain time frame or you will take it to court.
Deks 04/03/2015 at 6:49 pm
I made a purchase with a card, and decided against and requested a refund.
I contacted the company in question via email (as this is their only method of contact) and advised them that I had changed banks, and to issue a refund to my new card.
They have ignored this and refunded to the old card. This old card is with a bank I no longer have access to, however that bank have sad that no refund has been issued ot them. As I contacted the company I made the purchase from, and advised them to refund me to another card, and I cannot access the money the supposedly refunded, are they liable for this error, and would they have to refund me to the card I requested?
cally 03/03/2015 at 8:28 pm
i bought an rabbit run off man from amazon it was wrongly advertised he had it stated bigger than it was as soon as it arrived and also few pins missing from it, i emailed him via amazon and told him this asked for a partial refund etc, he then within minutes re eddited his sizes to show the corect sizes ! but didt reply to me totally blanked by him/her , so after ie 6-7 days amazon opned a case on my behalf, he let this case run after a while amazon decided in my favour i was refunded in full , a wk later this seller got my tel land line no from amazon and rang me twice so far being threatning and abusive saying i must repay him as i have his item and that i was refunded also he wants part payment or full etc , i told him contact amazon , he ignored that and rang me 2nd time again abusive saying he knows where i live he will come and get him him self , no other solutions offered he implied i should pay to return item ? then to day i get emails via amazon site from him saying if i dont re pay what amazon refunded to me he will take me to small claims court asap ?? , item cannot be used errected due to missing pins and he sold it me displaying bigger sizes on the day i bought it explained above advice plz
Taff 03/03/2015 at 3:00 pm
I gave a 2nd hand shop 3 guitars to sell for an agreed 30% sale fee in November. The dealer sold one in the shop and 2 on E Bay, I had £530-oo coming my way. The proprietor has not paid me or contacted me. His shop has a sign "closed due to sickness" but friends and fellow colleagues say his business has gone under. No one knows where he now lives. What steps can I take?
CourtroomAdvice Editor 04/03/2015 at 3:07 pm
@Doing The Right Thin - I would give Acas a call via the link herein order to find out the best route that you can take in order to sort this out asap.
Doing The Right Thin 02/03/2015 at 9:51 pm
What action can I take against an ex-employer who has kept my email address active and is benefitting from business opportunities as if I'm still working for the company?
I recently contacted a long term business aquaintance who had not received my emails updating her and was shocked to hear I was not at the old company. She had emailed me with a piece of business and received a response from the company owner. She had subsequent conversations asking how I was and was I going to attend the meeting but the questions had been sidestepped and it was alluded i was still there. She has subsequently cancelled the business as she had only wanted to deal with me. Is there a legal standing that ex-employer is soliciting business under false representation?
sarahr 02/03/2015 at 11:37 am
Hi, my ex's phone contract has always been in my name and he has always paid via his ac etc for the last 7/8 years. All been OK until he got with his girlfriend last year who made him get a new number (they share a phone lol) leading him to not pay the bills for three months and so 02 canceled the contract attracting a £120 termination fee and are now chasing me for £196. I have tried contacting him to arrange a payment plan but getting no response
We share a son so he has to face me at some point. O2 have records of me requesting contract to be changedtk him but we had to be in room at same time and it never got sorted. Silly now I know. I need to pay by Thursday otherwise debt collectors will take action and I don't want a bad credit rating. should I pay then take him to small claims or don't I stand a chance? PS he's on benefits and hasn't paid maintenance for our son for five months as he's 'skint'
CourtroomAdvice Editor 02/03/2015 at 12:01 pm
@biffo - this is always the problem with selling over the internet, I hope this helps.
biffo 26/02/2015 at 7:59 pm
hi, i advertised a diesel generator on eBay , a chap offered me money to purchase this item off of eBay, it was collection only however he said he would pay for a courier, it was advertised as good working order,so was sold out of ebay rules etc,this was collected demonstrated to the courier driver and off he went,it was delivered the next day on a Tuesday, on Sunday i had a text message to say the generator had gone wrong and wanted his money back etc, i explained its now Sunday and it was working fine with us and when it left us, eventually i was advised by the police to not reply as texts was becoming slightly threatening, now iv received court papers claiming his money back, im a private seller selling a item that was fine when it left me,has never let me down, started on the button etc, he used it on a building site for apparently two days became faulty on the third day then contacted me on the sunday 6 days after recieved, im told by the courier driver he was over the moon when he un loaded it, how do i stand, im told i dont have anything to worry about is this the case
Matthew Editor 26/02/2015 at 11:35 am
@Lisa - yes, I think this would probably be the best way forward if you need to get your money back and repairs done, and if you cannot contact them directly. Before you apply you may want to send a letter demanding what is owed to you by a specific date and if they have not paid by that date, then tell them you will take it to court.
Lisa 24/02/2015 at 11:18 am
I am a sole trader and run a vehicle rental company. I have a customer who owes 2 weeks money plus fees and also damage money for repairs on the vehicle. They just dumped the vehicle outside our depot and left the keys in a tyre in our depot. This was all done when no-one was around and they have had several letters regarding the amount owed and the charges but are yet to pay or make any form of contact. Would the legal route be best to take now as I am losing patience.
Ben Editor 20/02/2015 at 1:47 pm
@Krystal - there is little you can do if your company is not registered as you have no legal rights.
Krystal 19/02/2015 at 3:21 pm
I have a cleaning company (not registered), I did some cleaning on a property and he wasn't happy with the service. I have had to pay the three people that helped me so I have made a big loss. I have tried to communicate with him via email but he just ignores me. What should I do????
CourtroomAdvice Editor 20/02/2015 at 12:43 pm
@paul - I think in the first instance I would give Acas a call via the link heresolely to assess the actions of your employer and whether what they are doing is legal or not. Acas should then be able to point you in the right direction regarding your next move. I hope this helps.
paul 19/02/2015 at 2:19 pm
I left my employer in august to go to another job have he would not give my my p45 since then the job i left for ended in december so i have had to sign on jsa i have just had a letter saying that the company says it is still paying me on 3 accounts so i have been punished over this as my jsa and all income has been stopped i have been intouch with hmrc and they have said he has stated that he has payed me when i have bank statements that say he hasnt but my NI: number has been used by the company i just need abit of advice or if so would there be a case. thanks
Jack Editor 19/02/2015 at 3:02 pm
@cherry - can't you just have a quiet word with your neighbour? Small Claims, I think is not really relevant unless you want to claim money from your neighbour. As going to court may be costly, you might prefer a Alternative Dispute Resolution service.
cherry 18/02/2015 at 11:37 am
Have problem with a neighbor across the road over parking, there is a clause in the deeds ( Restricted Conenants) that cover this problem. Could I use the Small Claims court to resolve problem. If so where do I find the required forms to fill in on the internet
CourtroomAdvice Editor 19/02/2015 at 10:15 am
@Gemz - If you are owed holiday pay, the company will have to pay, so I don't see why they are withholding it. I think in this case you are probably better getting some direct advice from Acas (where you will be able to explain the background issues fully). You can access the site via whichI hope this helps.
CourtroomAdvice Editor 17/02/2015 at 10:14 am
@TickeyyBoo - If it is a private seller than you wont have many rights. While you may think the artist hasn't done a good job, the artist can likewise say she has done the job asked of her and to the best of her ability, it is therefore subjective. You need to firstly have a look at the terms and conditions agreed to. Legally speaking, there are some circumstances where the Consumer Contracts Regulations won’t give you a right to cancel which includes tailor-made or personalised items. I can't really advise you fully until you look at the terms and conditions, but I think on this one it is a matter of personal opinion and given she has taken time to do the work and change it for you, somewhere along the line you may have to concede to an agreed compromise. I hope this helps.
Gemz 17/02/2015 at 9:55 am
I am currently preparing to go to court in April to try and regain owed holiday pay from my ex employer.
They have a barrage of excuses, firstly they say i broke my contract ( which I did not and can prove) so they no longer owe me any holiday pay. Can they withhold holiday pay under this or would they have to counter sue me?

Is it possible to request old emails from my old work email address that will help prove my case?

Finally if it all goes horribly wrong is there any chance the judge could make me pay the ex employer money?

Thank you for your help.
CourtroomAdvice Editor 17/02/2015 at 10:50 am
@Jonny9 - In the first instance I would contact the contractor preferably by letter of email to explain the problem and ask for a resolution. Under the Supply of Goods and Services Act 1982, consumers who enter into a contract for goods and services from contractors should expect that work to be carried out with with reasonable care and skill and to a satisfactory quality, as well as being fit for purpose. The work should also be under guarantee. You can request the builder to come out and look at the problem and ask by mail for it to be rectified by a certain deadline (follow up all agreements through written correspondence, which you should keep). If the contractor does not agree to this then you can take them to the small claims court. You'll also need to get quotes from other builders on what it would cost to rectify the problem, from which you can base your claim. I hope this helps.
Jonny9 14/02/2015 at 4:45 pm
Had a leak in my apartment over a year after my bathroom was replaced by a contractor. It's flooded 2 apartments downstairs and there's damage to all three apartments . The water connection to the toilet was double threaded and is the root cause of the leak that was hidden behind my bathroom tiles .. If the contractor refuses to help me repair the damage or I need to pay for the repairs my self .. Can I thake them the the small claims court for poor workmanship ?
TicketyBoo 14/02/2015 at 3:25 pm
We had a portrait drawn from a photograph by an artist. She asked for a 50% deposit which we paid via PayPal. She sent us a photo of the finished article and it is awful! No likeness in the faces, they look like different people. We said we weren't happy so she made changes but they still don't look like who they are supposed to be and she says she can't do any more. We obviously have not paid the remainder & she has not sent the bad drawing to us. We have asked for the deposit to be returned but she has refused. We can't afford to just kiss goodbye to the 50% deposit we paid we need it to be able to pay someone else to do the drawing properly. Is there any way we can get this back as she was unable to produce the work to an acceptable standad? Thank you.
CourtroomAdvice Editor 09/02/2015 at 1:55 pm
@MarkyH - In this case, your case will not be dismissed on the basis of the 'slip rule'. In order for it to be dismissed you would need to be able to show that the error is of such a fundamental nature, that you are genuinely unaware of the basis of the allegation and thus cannot prepare a defence. You'll have to 'fess up' I'm afraid.
MarkyH 09/02/2015 at 10:40 am
Hi.

My wife received a small claims court application against her we want to defend, (issued 3/2/15) however initially the claim has benn filled in the correct address but wrong name completely. What do we do now? Is the claim vaild.

They put Miss "firstname" Norton , her title is Mrs "firstname" Borton. Do we inform the court and fess up to the name error, or tell the court no such person lives at this address, or contact the issuer and request they withdraw the claim due to the wrong name?

M
MattK Editor 05/02/2015 at 1:38 pm
@ste123 - can you get in touch with the company and ask if it could be transferred into your name? This is really unreasonable of her if she's putting a stop to letting you go. If you can prove to the company that you paid the full balance on your credit card, then they may transfer it over. Good luck.
CourtroomAdvice Editor 04/02/2015 at 11:51 am
@Bazz - you have a couple of options including a warrant of execution which gives court bailiffs the authority to seize goods from the defendant to sell on at auction. There is also a third party debt order which can freeze the money held in the defendant's bank account, from which is is then paid on to you. Before these come into effect she will be warned and given time to pay up. She will also be incurred with the extra expense for you having to pay to take this further. I hope this helps.
ste123 03/02/2015 at 7:39 pm
Booked a log cabin break with my partner at the time. She booked it in her name paid £20 deposit. I then paid the balance of £340 by debit card. Since then split up. I have tried to be nice asked her if she wants to go and take her friends and pay me money. She said cant afford it. I have paid her the £20 and asked her to transfer the break into my name. She is now refusing to change it to my name. What can I do? I would like to still go with some friends
stevester 02/02/2015 at 2:10 am
I bought a mobile phone for 02 which they lost on route to be delivered. I cancelled the order then the phone turned in their shop . I have all the proof emits etc saying I cancelled and they lost the phone that they were in the wrong and would give a refund . But not they won't give me my money back after several call I've been told wait 14 days for a refund , did and got nothing then told to put my complaint in writing and they will give me credit . I don't want credit as I'm owed a full cash refund . It's only £90 but it's got to the point where I want my cash back can i use this service to do that ? I've even been accused off stealing the phone by a manager then offered a good will gesture by another because it was totally their fault but they still won't refund me .
vicky 30/01/2015 at 5:28 am
I recently purchased a car from autotrader from an individual who pretended to be a dealer which turned up to be ringed/cloned so contacted police and they took the car for forensic,Police has now charged few people for it and ask me to come for identification. I need to know what I can do to get my money back? I paid 12,250£ cash,I do have the reciept from bank and sale reciept but its on a normal paper.....should I take him to small claims court or money claim service?......thanks in advance for your advice!
Fee Editor 28/01/2015 at 12:38 pm
@amal - if you have employed an accountant and paid for work he has not done, then you can take him through the small claims court. It becomes tricky when you try to prove this, as he, on the other hand may say that he has actually conducted some work and set about to prove he has. Any reference in writing asking him what you requested of him and what he did not do in the time frame laid out will be helpful.
amal 26/01/2015 at 11:46 pm
Hi there,I have setting up a Ltd,I have paid £200 for the company registration,£500 for annual registered office,£300 opening a business account.Only now I have discovered that I don't need an accountant to open a bank account.I know,I have been foolish.After 1 month he didn't open the bank account and I asked my money back.I asked a refund for services not used:£300 for the bank account and 11 months of registered office(I don't want to used it anymore).He said "no of sure" for 3 times.Do you think I can have my money back? Thank you
Mick Editor 28/01/2015 at 11:49 am
@Henley - well if the defendant hasn't paid the lawyer, the lawyer is certainly the best person to take the situation into their own hands!
Henley 26/01/2015 at 9:03 pm
If Court Costs and Legal fees are awarded against the defendant, what happens if they don't pay the costs to my Lawyer?
CourtroomAdvice Editor 23/01/2015 at 2:39 pm
@Info - I think in this case you should get in touch with Acas in order to speak with someone directly for some free and confidential advice - 0300 123 1100. I hope this helps.
Info 23/01/2015 at 12:03 pm
Hi,

I left my company in September after I was paid off to hand in my resignation to make things cleaner for them and now, 5 months down the line, they are saying I owe them money. Can they really do this? Thanks
Gill Editor 16/01/2015 at 12:21 pm
@Rosie684 - I don't see why going through his parents should invalidate your claim. I would do the exact same thing if my ex owed me money and I wanted to claim it back and I knew where his parents lived. But, I suppose you are not going to know if the letter is going to get back to him and even if it did he could ignore it. Plus without getting his address of them, you still have no way of knowing where he lives for future court correspondence.
Rosie684 16/01/2015 at 9:30 am
Hi there, I wrote on the wall back in December. It's now been almost 2 months and I've not received a payment from my ex. I have his parents address. If I was to send a letter to his parents explaining the situation to them and asking them to pass another letter to him would it invalidate a claim if I eventually took him to court, once I find out his address (not sure I ever will). I only know the town he lives in now and don't want to drag anyone else into it. I'm hoping that once the next electoral roll is released I may then find his address but I wondered if sending his parents a letter first might speed things up and they may pay if they didn't know he'd been such an idiot. Both he and his new girlfriend are ignoring my messages, so it's my only hope of a final reconciliation before considering a claim.
CourtroomAdvice Editor 09/01/2015 at 2:32 pm
@Neelam1 - he definitely needs to chase it up and can take him to court, if he can locate his address (which he will need for the court papers and summons to be delivered). Your friend will need to prove that he lent him the money and what it was for, he will need to be able to show that it wasn't a gift. I hope this helps.
Neelam1 09/01/2015 at 2:56 am
hi i need some advice my fiance borrowed his mate £7000 by paying him by cheque - this feiend no longer eesponds to calls and has not repaid. my fiance does not have his address can he take him to court ? - what should he do?
Suze Editor 06/01/2015 at 12:44 pm
@Kay - a solicitors letter might do the trick. First of all I would write to him with a list of all your belongings that you want returning and say that if he doesn't respond then you will take legal action in order to retrieve them. If he does not respond then perhaps you might have to look into threatening him with the small claims court. Of course you have to weigh up whether the cost of your belongings outweigh you taking action. If it's just a few small things then perhaps you should let it go, if they are valuable then it would be worth trying to get them returned.
kay 05/01/2015 at 7:01 am
Me and my ex have been broken up for some time and he has been ignoring me about sending me my belongings through the mail. I'm not sure if this is even something claims court would even help me with..just wanted to seek any advice towards that.
feeling a fool 03/01/2015 at 1:46 pm
Several years ago I became the guarantor for a friend's loan, they were struggling and I wanted to help, and foolish old me thought that they would be honourable like myself and pay the monthly payments. But they didn't, they then asked a year or so later to extend and I signed, as I did not want to upset them and them not pay me back. In the past 4 years they have not again paid a thing. I have had to take out loans myself to cover the payments and am now in debt for well over £15k, have since had a nervous breakdown, tried to commit suicide, lost my job and on top of all this I have had a child and have to hide it all from my partner (the loan was taken out before I met him). I have told my friend all this and she promised that once she and her partner where back on track they would pay, but nothing. I even asked if they could just pay the interest each month at the beginning of last year and I would continue with the payments, to which they agreed, but still nothing. I continue to hope that they will continue to come good on their promise, but I know that in reality it won't happen. Please advise as I have now maxed out all my credit cards and will soon end up defaulting on my own payments.
Anisha 03/01/2015 at 12:27 am
Can I take legal action on my mother inlaw for deliberately breaking up my marriage? ?
shorty 02/01/2015 at 2:10 pm
Hi my neighbours property is insecure due to this my shed was robbed and
Items stolen insurance unwilling to pay as we no longer have receipts .owner of next door
Not bothered and 4 weeks later still insecure can I take her to small claims for items and insurance excess
Mel Editor 22/12/2014 at 2:48 pm
@T21 - if the insurance broker then supplied you with the details of the demolition company's insurer, and arranged an inspection of your vehicle by an independent vehicle engineer, then the claim shouldn't really be disputed. I wouldn't worry too much as it's not like you are trying to pull a fast one.
T21 20/12/2014 at 4:37 pm
Hi, a brick fell from a tipper truck run by a local demolition company I was driving behind and damaged the bumper & roof of my car. The incident was caught on my dashcam. I spoke to the company on the day of the incident and was provided with the details of their insurance broker. After speaking to their insurance broker I sent the broker some pictures of the damage and also the video of the incident, and got an estimate for repair which as also provided to them. The insurance broker then supplied me the details of the demolition company's insurer, and an inspection of my vehicle by an independent vehicle engineer was arranged. After all this I am still awaiting a decision but have been told by the insurer that the demolition company are disputing the cost of repair. If my claim is refused is the small claims court (via the money claim website) the correct way to issue proceedings against the demolition company? Thanks.
Shoes 19/12/2014 at 2:09 pm
I run a Limited Company and I believe I have been supplied with a product that is faulty and is within the warranty period. The product was supplied by another Limited Company which denies liability and refuses to honour the warranty. Can I use the small claims court in these circumstances?
Rosie684 19/12/2014 at 11:50 am
Hi I split from my ex over a year ago and he still owed me money for various things I leant him money for. I got him to sign to say he owed an amount and he agreed signed and set up a standing order to pay back A small amount a week. Since then he's missed various weeks payments saying he's had big bills and it had bounced. I've ha to contact him everytime this has happened to be ignored and fobbed off but would then go back to paying for a few weeks of it to happen again with me having to contact again, it's incredibly frustrating and I want him out of my life. He still owes oer half the original debt I haven't added interest and he's not failed to pay me for three weeks in a row. Can you let me know my options if I were to take it to small claims? I don't have his current address but know the own he lives in. Is that enough for the courts to find him? Thanks
Tonto 18/12/2014 at 9:07 pm
We had work done in our house, which was finished to a poor standard. It was a govt insulation scheme so no money was paid. We have been left with lots of niggly things that need putting right, blinds that dont fit and coving that doesnt match. For 8 months we have been in contact with the company and have been gettin messed about and nothing being done. Now 8 months later they have pulled out a disclaimer that i have signed, although i was told i didnt need to read it, it was just to agree to have the work done and to agree to photos being taken to match up the finish. This disclaimer states that the coving wont be put back and the blinds wont be refitted. And the company are now using this, not to put things right. Do i have any rights? Is it worth me getting a solicitor to fight this or should i back down?
MICKY 16/12/2014 at 2:18 am
I PURCHASED A PROPERTY IN SEPTEMBER 2014. I HAVE WAITED 4 MONTHS ON A PROMISED FILE ON ALL DETAILS OF THE PROPERTY BUT BOTH MYSELF AND SOLICITOR HAVE FAILED TO OBTAIN THIS FROM THE VENDOR. IS THERE ANY THING I CAN DO
LizC Editor 16/12/2014 at 11:02 am
@sjh1992 - you probably need to see a solicitor or at least get some legal advice on where you stand. It is hard to advise not knowing the extent of the claim and what it is referring to. If you want some general legal advice then the Citizens Advice Bureau can help.
sjh1992 14/12/2014 at 12:09 pm
I have received papers over the weekend for a defamation of character claim. I do not dispute that I said as the claimant has obtained a copy of the e-mail I have sent. However, the contents of that e-mail were not defamatory and were based on completely factual content. I am not worried in the slightest about losing the case as it is absolute nonsense, however, I run my own company and time is of a premium. I don't really want to waste any of my time on nonsense. At what point does someone look into the case and decide that it doesn't have any merit? I am surprised that it has been allowed to get to this stage if I am honest, he has sent me numerous personal correspondence in the past outlining his demands which after receiving advice I have ignored. However, now it has got to this stage I feel like I can no longer ignore it but also don't want to waste my time having to deal with something so superfluous. Any advice would be appreciated.
Mel Editor 12/12/2014 at 10:56 am
@karen - it's a tricky one as you would have to prove that the goods actually went to your daughter. You would also have to have strong evidence in order to prove they were not a gift from you to her and it is made even more tricky that the goods were ordered in your name. Perhaps in the first instance a letter from the solicitor may have impact, but then that is obviously going to cause a rift in your relationship and as you don't say how much the goods were worth, it depends whether you want to take that step.
karen 11/12/2014 at 4:23 pm
hi there i am after advice my daughter owes money she got stuff out of my calaogue and is refusing to pay me the intrest is going on every month i have tried to talk to her and sort a payment out but no reply is it worth going through the small claim courts??
clarky 06/12/2014 at 2:29 pm
My girlfriend left me a year ago. Now I've got a letter for csa for £12000 she want to claim from 2006 when we was still together
Lyns 03/12/2014 at 9:11 am
I left my ex and moved out of the flat we were sharing (Nothing bad happened but I fell out of love with him). He has taken it extremeley badly even though it was now 9 months ago.

We agreed I would pay him back £1000 for electricity used (even though we disputed with the landlord it was an obscene amount - it was more than this but I had already paid some back) - it was lumped on us in one go and I did not feel it was right at the time but my ex stormed ahead and paid it all (even though I wanted to dispute it and in no way could afford to pay it). The electricity supply was messed up and feeding the flat downstairs as well as ours - in a way the landlord was a cowboy and ripped us off.

I also lost all of my deposit because he didn't paint the flat back to the original colour (he claims it's also because I left a chest of drawers there but as an ex housing officer I find this hard to believe).

Having thought about this more and more I was hasty in agreeing to £1000 as I lost over £300 for my deposit and he took a lot of 'joint' belongings such as the sofa bed without asking me first so in total I lost out on over £450 minimum. I have paid him back £400 but don't think it's fair to pay back the full amount.

He is now threatening to take me to a small claims court - can he do this?
Mark Editor 03/12/2014 at 12:02 pm
@Wife - this is a difficult one when you are actually husband and wife and you theoretically share all of your assets. It seems incredibly mercenary though, if you are paying for goods and he won't help contribute. Unfortunately the argument is something you would have to sort out between yourselves. However, you could tell him that because he claimed for those particular items through his policy, he should actually be using the money to replenish those items otherwise it is a dishonest claim.
wife 02/12/2014 at 11:25 am
My husband has received an insurance settlement to cover the loss of our goods in the home. Even though he has received this for my items (some of which are still financed) he is refusing to give me any of the layout. How do I go about getting this or do I have no rights given that it was his policy
AmandaDB 01/12/2014 at 10:07 pm
My son had his car seized by the police as he was flagged up as driving without a valid licence (currently under review by the DVLA medical team). One of the police officers snapped his ignition key and it will cost us in the region of £300 to get a replacement from VW. The officer admitted he broke it but says that "the key was on its last legs, as was the car" neither of which are true. How can we claim the cost of a replacement key back?
Nemz 30/11/2014 at 10:09 pm
An ex of mines owes me at least £500 from six years ago, i have him confirming in messages that he owes me and that he would pay me back yet never has is there any way of me getting this money back?
Thanks
Heather Editor 02/12/2014 at 12:03 pm
@confusec - The small claims track is the usual track for claims with a value of £10,000 or less, perhaps because it's post-matrimonial they have decided to list it. They must have looked at the claim first, so they have obviously decided it's ok to run.
confusec 30/11/2014 at 7:49 pm
Question.
I'm divorced and have ny decree absolute with full and final settlement. My ex is taking me to small claims court over some admin charge the estate agents issued 4 yrs ago when our matrimonial home was sold. Looking at guidance notes for small claims it doesn't look like the hear matrimonial property issues. I don't understand why yesterday I received a letter with a date in Feb to attend the hearing. The court has listed it. Confused.
CourtroomAdvice Editor 01/12/2014 at 2:54 pm
@Zoe - I sugegst you go and see the Citizens Advice Bureau with all your facts, they will give you some free personal advice on how to best approach it.
zoe 30/11/2014 at 1:47 pm
Hi thanks for your advice my brother is now saying because his claim was settled out of court no gratuitous care payment was made is this true? I really don't know what to do my court fees will be 455.00 and ive already paid 120.00 for a solicitors letter asking my brother to show evidence that no money for care was awarded he has failed to reply. Any advice would be greatly appreciated thanks
nonymouse 23/11/2014 at 1:18 am
Hi, I paid a deposit up front of quite a few thousand pounds (in cash) for some building work. The builder delayed a couple of times and now wont respond to my calls, I went to the address he put on the receipt and he is no longer there, he has also taken down his website. He has done no work on my project and I know of at least 1 other person he has scammed. Is it worth spending money taking him to court? - if I win and he doesn't pay, do I get the fees back or is it simply added to the money he should be paying - ie I am even further out of pocket if he doesn't pay up?. I've heard that winning your case is only the start, the actual chance of getting your money back is pretty slim if the defendant wont pay.
Thanks
Seb Editor 21/11/2014 at 2:53 pm
@Meiz - a lot depends on the hotel, if it's a very cheap one then really you get what you pay for. If it's a chain you should complain directly to head office. Make sure if you're going to try to complain you have a good case. But you should at least get your second night refunded. Have you looked and recorded your stay on Trip Advisor, it's worth doing that as a start.
Meiz 21/11/2014 at 1:13 pm
Hi, I recently booked to stay with a hotel for 2 nights, although on arriving within the hotel I was rather unhappy with the cleanliness (have photo's as proof) although this was not a initial issue. The main problem came around 11pm when the next door neighbours were making extremely loud noises (chatting/snoring) the hotel does not have any wall insulation (or minimal) that it felt like they were in the room with me, this came to a point were it was so unbearable around the early hours of the morning I decided to leave. I returned there the next day to receive a refund and to cancel the other booking (the other night I was staying), thought they have just fobbed me off and told me it is up to there "headquarters" but after doing the relevant checks it seems it is a family run business - all in all they are refusing to give me a refund for both night although I did not stay there due to the unfortunate experiences above, my questions is do I have a case? and will I be likely to succeed? do I also need to write a full letter to this company giving them 7 days or I will be taking them to small claims court?
CourtroomAdvice Editor 19/11/2014 at 10:28 am
@zoe - Yes, if you have cared for someone post-injury you are entitled to compensation under 'gratuitous care'. If the person you are caring for is making the claim then the care you are giving can be added to that claim. If the claim is successful the compensation recovered is held for you by the injured person. The amount is calculated by the amount of time you have cared for that person. The money you are entitled to is based on an hourly rate of the cost of professional care less some (as it deducts any profit a professional carer would make). I would seek some legal advice on how to claim from your brother, as you are entitled to payment. I hope this helps.
zoe 17/11/2014 at 8:53 pm
Hi can you help? My brother was involved in a car accident 4 years ago due to operations on leg he moved in with me for 9 months I helped with his care abd requested by his solicitor I wrote everything down hours etc my brother has now recieved a large amount of compensation however he has refused to tell me how much was awarded for care and has stated the care money is his and he decides how much I recieve if any? Is this true and can I claim the care payment back?
Thanks in advance
Zoe
SB Editor 11/11/2014 at 2:30 pm
@Kateweaver - I think just make sure you have all the evidence you can possibly to back up your case. Is there anyone can vouch for the times he picked them up? Can his employer vouch for whether or not he left work early to pick the children up? t seems like an odd thing to be taken to court for. Suze.
JennyO Editor 07/11/2014 at 10:51 am
@Annie - it's a difficult one if you can't locate her and don't know whether she may have gone back to her home country. One option is to employ a debt recovery team, or professional tracing company who can work on your behalf. You could also do a bit of your own sleuthing by trying to trace her online, through electoral registers or via the company she previously worked for. It's very unfortunate and the bane of many landlord's lives.
Annie 06/11/2014 at 3:14 pm
My tenant has left owing me rent. She has also quit Her job without notice. She is Greek and left no forwarding address. Is there anything I can do to reclaim the outstanding amounts? All I have is her email address
gibb 16/10/2014 at 1:09 pm
There is a show on TV called Judge Rinder where you can take your small claims
and you can be compensated. Well worth doing as fee costs are excessive.
shazza 04/10/2014 at 9:33 am
hi , i recently left my job a taxi driver , my ex boss owes me in the region of 1500 pounds that i have earned on accounts ie school runs by derby county council , can anyone enlighten me on the best way to proceed in trying to get moneys owed .
dai 27/09/2014 at 3:14 pm
I left my job about 6 weeks ago now and they still owe me 10 hours. I have gone back every week (except for 1 week) and ask about it, and been told it will be sorted, but nothing.
YAS Editor 24/09/2014 at 11:00 am
@celeste, as this is a civil matter you could make a claim to the small claims court. First though have a look at the money claim online system, like is says in the above article.
Celeste 22/09/2014 at 7:01 pm
A friend who was in difficulty borrowed £500 from me over a period of 4 weeks on the promise of paying me back over a very short period of time. Though I have repeatedly asked for a first instalment I am left feeling extremely cheated as no payments have been made. Is there anything I can do as I desperately need my money back?
Many thanks
angelinak 18/09/2014 at 6:10 pm
I sold an item on eBay ( YSL brand new clutch). The buyer got back to me by saying that it is not a brand new clutch and she wants some kind of money refunded back to her. I told her she can return the clutch and get a full refund if she is not happy. But she said that is out of question. I have to give her some sort of money back or else she will complain to eBay. And she did! Ebay told her to return the clutch to me after she used it, where I have the proof that she did based on her messages to me via eBay. I received a box where it states that the content of the box is 35 lbs. I open the box and inside I found like 30 printing papers folded like the shape of the clutch. That is what I got. I contacted eBay and told them about this tell told me to send them pictures I did. The next day the case was closed and the buyer got her money back. I am so upset that she kept the bag and the money, and eBay did nothing about this case. I appealed the case and sent them a message where they were suppose to get back to me within 48 hours but got back to me in a week saying there is nothing I can do to change their decision. I told them I have a video from my inside cameras I have in my house, and everything is recorded on the camera. that I got the package and it was empty. I want to take them to the small claims court they cheated and they stole my item. Please, help what should I do?
Annoyed 16/09/2014 at 5:35 pm
Hi,

We lent in the region of £30k to pay of secure loans to a family member last yeat. The deals was he would rent the flat to pay some of this off and then sell the property to pay all debts including ours. A few months later, and after a very good offer he took it off the market and did not do anythign aart from live in it. Our agreement writtern was not abided by and no payment was made even after several request. Just downlaoded the tittle register from land registry and seems like he sold it in the recent month. How on earth and is there any way i can still lodge a claim and try to get some of this money back? Any advise at this moment of time will be worthy.

Many thanks
Dave 12/09/2014 at 4:04 pm
My Italian neighbour has erected a contraption on the outside of my garage window stopping all natural light from entering the garage, it is also attached to our wall. The window has been there for over 25 years, is of the re-enforced glass with wire running through it. He has place tiles along the outside of our property, which is a detached property and he causes damp penetration on a bedroom wall when snow and rain builds up on a 'heath robinson' construction from his garage to our house wall. When confronting him he just say, 'it's my property and I can do as I like' and, 'I have been building since I was 10 years old in Italy and water will not go through a wall'. He has not had permission from me or my wife to do any of this and will not let me enter his property to service the property and paint work. I have contacted a Solicitor but they want an up front fee of £500.00 and £250.00 an hour after this, none of it refundable. I am not afraid of Courts and I would like to know how I go about going to Court with this matter. In my last occupation I regularly attended Court to give evidence.
ssag 06/09/2014 at 11:21 pm
I was in the process of purchasing a business and paid a deposit for this to secure the sale and asked me to sign a statement confirming the deposit was non-refundable. The vendor then sold the business to someone offering her a higher amount and now refuses to pay me back my deposit. Please help to resolve this dispute.
Emz 04/09/2014 at 7:50 pm
My ex boyfriend borrowed £350 to purchase a new car in December and also bought some avon products from myself in December which came to £37.48 in total he owes me £387.48. We we were together from beginning of October to the 12th of Jan when he finished with me. He told me he would give me the money back at the end of January but he still didn't. After several times of asking for it back and seem to get an excuse he then ignored my text messages. I then sent a message saying I would have to take it further he then replied saying he has had to move house and had to use the money for a deposit and would give me the money back when he got the deposit back but Im still waiting for it. I've written him a good letter and sent to his new address but still hered nothing. Just wondered if you could please advise me on what to do and how to try and get the money back as I really want to get the money back. He is a very rude person.
Matt 27/08/2014 at 6:58 pm
Hi, I went halfs with one of my friends on a van to start up a business which didn't work out as he was useless! The logbook was in my name and I was the one insured on the van, he's taking the van with the spare key and id literally gone out earlier that day and put tax on my van and forgot to take the logbook back out, he's now sold the van and faked my signature to sell it and I've recieved no money! What can I do? I still have the main key etc and it's going to be clear that on the logbook signed to the new buyer it's not my signature!
Mike 27/08/2014 at 6:05 pm
I wish to take action to claim a Debt of under £10000 that date back to 2006, 2007 and 2008 for services provided. Many attempts to collect this money have failed. What limitations of proceedings (Time limits) apply in the small claims Court for such a recovery.
bg EU seek help 23/08/2014 at 11:04 am
to Sim

go to teh police fill a report they can truck teh telefones every telefon have special device for traking even teh sim is not on it ask them to do it for you
bg pasport EU seek h 23/08/2014 at 11:02 am
I was a living carer teh man die I wasnt been payed for 2.5 monts i borow money for him and he not pay back his children take me out of teh house and not pay me back my rent how I can sud them what forms I nead where to go I am with short time I must put claim on teh will and on this gready people because they take elegal actione and comit several crimes
Jock 20/08/2014 at 7:55 am
Can I take someone to court if I dont have their surname, but I do have their first name their home address and the name they use to advertise and sell second hand cars
None 26/07/2014 at 2:57 pm
Hi.

I booked a block lesson with my driving instructor. He seemed fine at first, but after paying him the full money I started to see a change in behaviour, whereas he keeps cancelling or changing my lesson times and dates. I even showed him my work schedule and he agreed that he is ok with it. On several occasions he was cancelling and changing and obviously that did not suit my work pattern. And always have a problem with his car. What annoyed me was the fact that everytime I want to book say for 6 lessons for when I am off from work he will just say book this amount and when I see you again, we will do the rest, knowing that I am working and his diary will be booked. Before the Easter holiday I had booked lessons with him and apparently his car broke down for two weeks after cancelling before the holiday. So I was left for nearly 3 weeks or more not doing anything, which left me needing more lessons. I texted him that I cannot continue with him because he is always making excuses and there is always something wrong with his car. Worst of it, he is always interfering with the steering wheel when I had lessons with him, instead of telling me what to do on so many occasions and that puts me in a state of fear and made feel uncomfortable when he used to teach me. I did not her from him since he cancelled my lesson and I called him advising that I need the rest of my money back. I did not hear from him over two weeks. Then I decided to send him a text message again requesting for my money back , this time informing him I will take legal action. Later that same day he replied stating that he does not refund money for blocked lessons, as stated on his website. I did not book him via his website. I called him directly when I saw him driving past Eccles Old Road and arranged to go with him after the first assessment because I needed my license rather than holding back. I did not think that I would end up cancelling with him but I was so dissatisfied and his behaviour made matters worse. not once did I lose my temper on him or became aggressive, instead I have tried to co-operate with him but he is ignoring everything.I booked lessons with him in January and it took him 4 months to do 7 and 3/4 lessons.
Since I don't have the time and money for court, I am left with no choice. Desperately need advice on what to do next, since he is clearly not willing to give me my money back without a fight?



Thanks
Nellie 17/07/2014 at 5:34 pm
Paid a travel company for a holiday. Five hours later they ring to say the flights have gone up £140. They ask if we can pay extra but we decide to cancel after being told that we would be refunded all our money. However, we got charged £295 by Ryanair and now the travel company say we have to get our money back off them but they don't want to know, moreover it was the travel company we had the agreement with not them. The travel company even sent us a cancellation notice stating that we would get all our money back. We are out of pocket by £295, what is the best course of action? Each party refuses to take responsibility? This has been going on since 18th June 2014. Thanks
Maya 09/07/2014 at 5:17 pm
Since the last few monthsI have really been messed about by a builder,he started back in march and promised me that he would renovate my home in 4-6 weeks.I had tenants living in there previously the house was a mess damp was everywhere ,I had to live with my parents with my 4 children until the work was completed .My walls were stripped upstairs and down all the electic was closed down ,the light switches and plugs were out of there sockets ,the carpets were stripped and everything was dumped in my back yard.He only plastered the down stair reception room and hall way the rest of my house was left as a cave it wasn't even safe to walk around He took more than half the mony we agreed in advance he said he needed it for materials.The last 4months I have been ringing him on differnt number as soon as he listens to my voice he hangs up ,he promised he would give some money back when he last spoke to my brother but we cannot contact him in any way .He has destroyed my and my children's home and has left all the mess in the yard and I cannot afford to go to some one else what can I do
peterpan 05/07/2014 at 8:36 pm
i took my car to have a respray which they said was gona take 3 mths,they ending up having it for just under 2 years.while they had it they used it a tea bench broke the driver seats burnt the bk seats dne all the electric, got water in the engine,.i paid them 3 grand and I wasn't happy with the job,so I decided to take them to small claims court,i asnt very happy with how the judge seem to handle the case and really didn't show any interest but I had to settle for 3 grand bk which I wasn't happy abt as he damaged a lot more and I lost of earning of £500 aweek as it was a famous knight rider show car.i havnt received one payment of the person and now having trouble get ing bk to court to get my money bk,also I feel like he may have known someone in the court,any help of advice well be very apreciated many thanks
Hayleighnm 22/06/2014 at 8:38 pm
I made a claim with the court a year ago, followed all of the stages I was told and paid all of the fees. The latest I was told was that Bow county court now had hold of the claim. This was months ago and I have heard nothing since. I have tried calling the court but unable to get through to talk to someone. Do you know of anyone that could help me on this? Thank you.
smith 15/06/2014 at 5:59 am
If I pay half of a deposit on a flat but my flat mate refuses to do so and I lose the deposit/flat, can I sue him for the price of the deposit?
Nicknack 08/06/2014 at 10:40 am
We had someone in to do some plastering in our home. The finish was awful. Lumps, bumps and rough. We spoke to the plasterer and he agreed to come back and rectify the job. After lots of messing us about he finally came back and started the prep. He was then due to come back the following day to start the re-plastering. He then gave us excuse after excuse as to why he couldn't come. We told him that we couldn't go on with out house in the state it is in and that we wanted a refund from him so that we could get someone else in to do the work. He came to the house to pick up his stuff and told us that he had some work on and that he would pay us back within a week. He actually signed a statement confirming he would pay us within a week. Needless to say we have received no money. We are now looking at taking him to small claims court for the money paid for him to do the job together with the cost of the materials that we bought for him to do the job. Can we also add the cost of us having someone else in to rectify the job to our claim?
lillmiss 11/05/2014 at 10:33 am
My ex partner owes me well over 5000, and refuses to pay it back. Do im considering taking it to a small claims court. But I dont have proof of the amount he owes me apart from witnesses. And then hes rather a nasty peace of work in were he would get people to defend him. Any advice please. Tia
Rahim 31/03/2014 at 9:06 am
Hello, I am considering making a complaint about one of my suppliers as they are constantly failing to deliver important materials on time, which is affecting the production line of my fashion business.However, I am slightly confused about the legal system, would my case be a public or private/civil case and if so, what claim would I make and how would I make it?Which courts may the case be referred to and what sort of sanctions could be imposed if my case is upheld?
charles 12/03/2014 at 12:15 pm
Hello, I am considering making a complaint about one of my suppliers as they are constantly failing to deliver important materials on time, which is affecting the production line of my fashion business. However, I am slightly confused about the legal system, would my case be a public or private/civil case and if so, what claim would I make and how would I make it? Which courts may the case be referred to and what sort of sanctions could be imposed if my case is upheld? Would be extremely grateful if someone could help me here.
Craig R 27/02/2014 at 8:51 pm
Hello I was looking for a loan around 6/1/14 I found this company SGE loans talked on the phone for a bit they asked for my bank details for credit check .... I asked will it cost any money they said no not at all. I said ok. Then on the phone I changed my mine. I said did not want the loan. The next day they had taken £89.99 out if my bank. Read this after On there turms and conditions. It's say if you don't take a loan they will not take any money and you can have a refund within 14 days it was the next day I called and sent them a email as it says on there site. They told me 28 days if it was longer they would send a letter. It's been about 2 months. I've sent emails and I've called them. Got a letter today saying they are not going to give me my refund. I asked them to go back and listen to the phone call they said they record all. I was never told about them taking £89.99 and that's a fact. I would of never had it anyway I only wanted a £60 loan but changed my mined. I've tried calling them got throw I told them that they have lied and I should get my refund. I have all emails and calls made it was in the 14 days and they put the phone down now they want answer. I've emailed them as well. Have I got any right to take them to small clams court I've google them and they have been doing for some time now to people that don't have much money. It was out of my DLA money a left me trouble with money and has cost over £15 in phone bills help please thanks
cinderella 22/01/2014 at 11:08 am
In 2008 I signed papers for a cat loan. In my eyes I tjought I was signing papers if my ex cpuld not pay any payments. This is what my ex partner and sales man was selling to me. We split and he as sold the car leaving me £15,000 in debt. He was paying the payments for the first 18month, shiwing evidence. I also have evidence of him purchasing large payments on cars before. He refuses to pay anything at all. Can take him court?
sal 16/10/2013 at 9:36 am
my husband is due in court soon as a defendant litigant in person. Am I able to attend as
his secretary to pass paperwork and evidence during the trial? We are both partners in the business. Also where can I get information regarding who speaks first, what order witnesses are called and general court protocol? Is there any videos that I can watch
of court proceedings?

Thanks
09craig0118 18/06/2013 at 11:59 pm
My mother started a claim in the county court some months ago & is due to appear in the next few weeks,however she has recently suffered a nervous breakdown & is not able to represent herself.My father was involved in all the meetings to do with the claim but will he be able to attend for her?
Mandy 30/05/2013 at 7:33 pm
On 2nd June2011 i gave a friend a loan of £1500 to buy a pick up truck . The money was to be paid back few months later. I have asked repeatedly for money to which refusing to pay. Its now 2years later and no payment bein paid. What can i do?
Joon 20/05/2013 at 6:00 pm
Following a leak to a small flat roof, a builder repaired it in February. 3 months later the roof is leaking again. I phoned the builder Wednesday morning who said they would be around that afternoon but no-one arrived. I phoned again on Thursday morning with the same answer. Thursday night I phoned again and was told they would be there the following day (Friday) but no-one turned up. Since then, the phone goes to voicemail and despite several attempts he is not answering my calls. Can I make a claim through the small claims court?
I just want the roof repaired!
nicky g 29/04/2013 at 4:53 pm
I want to sue.a company for.taking money out of my account.they said I had.to email in doing so I emailed them asking for s.refund .I never knew that they was even going to take money from my account.then after leaving me with no money i had a huge number of bank charges.the money that was taken from my account belong to my 2year old son.so basically I classified this as thieft .they said to me that they won't give me my money back.an now I want to sue the company for taking liberties.can any one help please
beanpole 23/04/2013 at 9:40 pm
My son separated from his ex girlfriend 2 yrs ago she has since sold the car they bought together it was in her name for insurance purpose we also have a house together 3 weeks ago she sold the car and has not given my son any of the money she says it is going to pay towards credit cards she took out when they were together I have also just accepted an offer on the house and she is intending to take any money left after the sale has gone through which she says will also pay off credit cards.he says he knows nothing about these cards they are all in his name is there anything he can do about these depts. payments
ema 11/04/2013 at 11:52 am
hi, i recently rented a house from an estate agents and handed my months notice in at the end of january to leave the propety.The property was left in the same condition as we found it. since then i have been down at least once a week to ask for my bond back of £450. Everytime i ask for it they say they will sort it out and i still havent recieved it.its now 2 month later. what else can i do about it? x
Sim 20/03/2013 at 5:01 pm
I borrowed my ex boyfriend an expensive mobile phone for a couple of weeks. I asked for the phone to be returned and he is telling me he posted it to me but it was never delivered. I don't believe him and want my phone back as it has sentimental pictures on it. Where do I stand and what can I do
QuinnDog 17/03/2013 at 11:11 am
I am owed £5000 from client I have recently completed work for she is refusing to pay as she has a problem with certain aspects of the job WHICH i have asjked her to let me now and I will put right she has failed to do this she also beleives that bricks left at the end of the job belong to her but as I have made it clear she has only been charge for the bricks we have used in the project,she has not responed to my lasted letter that i would take her to court if she does not pay,Unfortunatley I have a choice of spending money which I do not have to retive my money .I have offered the Lady a independant suryour and abitrate and she just chose not to responed
Moneyclaims4u.com 25/02/2013 at 10:46 am
Lots of interesting cases here with the majority having justifiable causes of actions.

Don't give up, take them on in court.
kris 23/02/2013 at 7:13 am
I loaned my friend $300 on January 2, 2013.He said he would pay me back the $300 within 2 months.He signed a paper saying this. He left his car in the driveway and still hasn't paid me or picked up his car. Is it legal to do something with the car? He wont pay me back the money.
hilly 07/02/2013 at 3:45 pm
My son inlaw was selling his car.his best mate said to him hes got a buyer for the car.my son inlaw gave him the keys and log book and off he went.he said he would be back in 1 hour with his money but never turned up tried to contact him but no sign of him spoke on the phone and hes sold it on but he wont give me my money.how can I get my money do I take him to county court and how do I do this please.
johnlp 05/02/2013 at 11:39 am
Just over a year ago I paid a roofer to have my garage roof replaced and to have a door and window installed in the garage. I found the company on 'rated-people' The roof was supposedly guaranteed for 15 years although after parting with over £2000 cash for the whole job,I have never been given a receipt. The roof wans't right from the outset and was 'pooling' water The roof is now leaking and the timber is saturated with water and growing mould. The entire rood needs to be replaced. I have tried contacting the tradesmen but his number is no longer available. I have sent him personal e-mails and also through the 'rated-people' network to no avail. I do have his address and have sent him a letter but still no avail. Would I be able to take this to a small claims court and would I be likely to succeed if I did?
Jo 27/01/2013 at 4:32 pm
A builder walked out on a job about 5 years ago leaving me to have to get it finished by other builders, the first builder just sent me a letter now threatening me with court to reclaim payments out standing of about £7,000 and wants to add interest & legal fees etc. I have enough evidence to show poor workmanship and receipts to show the work I had to get done to put him things right. I no longer live in that house concerned and now live in the USA. I still own the house and rent it out, will he still be able to take me to court?
DAV 25/01/2013 at 1:23 pm
I lay driveways and a client claimed against me and received the full amount because she wanted to replace the driveway with another company. She claimed it was not a serviceable driveway and would deteriate. Yet six and half years later she still has not replaced the driveway. She has not honoured the claim she made against me can i claim against her? Is this fraud? And the driveway as not deteriorated !
gareth 16/01/2013 at 11:32 am
I won a Small Claims for the amount of £5400, The other party appealed and lost they still havnt paid the money, What do I do now?
Martyn 14/01/2013 at 11:30 pm
I had a light collision with a vehicle 2 years ago and the business owner who was not in the vehicle at the time put 3 whip lash claims in against me.( our mirrors only collided ) my insurance company put my premium up to £1850 from £900 for these 2 years. I recently have been told that the claim has been dropped due to no evidence given even though the investigator had sent many letters and emails to this mans solicitor. insurance fraud attempt but he could not supply evidence to get paid out. I am now left with high premium and i have spoent many hours trying to rectify this. Can i take this person to court ? I am owed money from insurance copmany who refuse to re-imburse me as i had a serious claim against me ( even though it was fraud ). There is no fairness left in modern world!
Lotti 21/12/2012 at 9:27 am
I bought a second hand car private . Got it home after two days numerous things went wrong , steering wheel fluid dripping, window wipers not working , rusty underneath, exhaust falling off and many more . Rang the guy n he agreed to full refund. When I had the log book back it took 6 weeks to come back as he put the wrong address on . Deliberately I think . The car was not what was advertised on gumtree.

I got the log book back , rang him then text him . His response was he's away till middle of January .

I've sent a typed letter stating I want my money back . As I went past his house and he was in . I think he deals cars as there's always lots on his drive .
ali d 13/12/2012 at 2:58 am
I want to take a firm to court for recovery of a deposit of £250 owed to me. I would be happy to do this online.
What is the link to enable me to do this please.
Lisad 29/11/2012 at 6:22 pm
My mother was using my car before I past my test & had it at a "friends" house overnight, her "friends" son went out the night before & his friend had left his car at his house so decided to drive it back to him, bare in mind he was not insured & more than likely still intoxicated..he accidentally reversed into my car causing a big dint on the drivers side & substantially causing my window not to go fully down therefore the problem is not just cosmetic. My mother told him as they were friends she would not go through the insurance as he would get in trouble also, therefore she told him he could pay her in installments when she got the price of the damage. Not only did we let him off with that we asked my uncle to do it as he is a mechanic which made the price a lot cheaper! However, it's been nearly two years & now a door has come in which is perfect for my car he is refusing to pay which is causing a lot of upset to me & my mother, can I use the small claims court?
blackie 13/11/2012 at 11:33 am
i am taking someone to a small claims court i have my court date but i dont think he will attend what will happen
beth1234 27/10/2012 at 10:32 am
I was wondering how long a personal has to take someone to court of damage to their property?
beth1234 27/10/2012 at 10:30 am
I was wondering how long does a person have to take someone to court over damage to personal property?
Thanks
flammingstarr 22/10/2012 at 10:13 pm
My friend and I have been friends for 10 years and we booked a holiday for next year [2013] We agreed that I would pay the deposit the balance off bit-by-bit as I had a couple of v good wages, she was short of money at this time and she would pay me back at Christmas/New year which is always a struggle financially for me.
Now we have fallen out and I have tried several attempts to resolve things, but she completely refuses to communicate except to send me an e-mail to tell me she is not returning my money and if I want to take her to court, do it.
I have given her several chances to send the money and to resolve this including one final chance yesterday when I e-mailed her to tell her that she has had enough opportunities to return the money, and she has 1 final week to repay it.
I have proof of all of the payments I have made which I have sent her copies of and texts which prove that I booked the holiday for her. [Her name & DOB is on booking forms]
I had an e-mail back today saying she can't and won't pay me so I am stuck as to what to do now. The total that she owes me is £400 and I can't afford to lose this and I won't out of principle. She works full time and has a good income. Some advice would be much appreciated. Do I go to small claims court?
TheStables_Jo 16/10/2012 at 2:59 pm
We had our first 'paying' tenants in our holiday let this summer and they were a last minute booking so didn't get to fill in a booking form as all done on email/text. Arrived with a sick child and promised to transfer money direct to my bank account. Numerous emails/texts during the stay promised money but came with excuses.
They left without paying and I would like to recoup the money owed ... can I make a claim?
rachel 14/10/2012 at 1:50 am
my boyfriend split up with his ex 4 years ago but was still living in same property. he moved out of this property 2 months ago but left some of his belongings there. his ex has now discovered he has a new girlgriend and is refusing to give him back his stuff. the main item he needs is a specialist saw he uses for work (he is a carpenter). this tool costs £400. she is refusing to give it back and is threatening to sell it. he doesnt have the receipt for it. he has asked her family to help negociate this - but they are not interested. what are his rights? as she doesnt work - the tool can hardly be claimed to be hers surely?! many thanks in any helpful answers!
iratetraveller 05/10/2012 at 7:40 pm
I booked a holiday via teletext and the company concerned notified me of hotel change within 16 hours of departure.When i picked up answerphone message office was closed. Did not want hotel offered ,unable to cancel. had to travel abroad and sort out. Cost me 150 euros as had to pay for new hotel and taxi before transferring to original hotel. Got stressed out and by time we felt at ease holiday costing £110 had been wrecked. My wife had been ill prior to departure and this was meant to be relaxing time to get over her illness. holiday company MEDIATRAVEL keep fobbing me off. Complained to their travel association said full explanation in 28 days- funny hasn't arrived. Thinking of taking them to court soon.
Noah 03/10/2012 at 3:05 pm
I made an offer to settle my claim before going to the Small Claims Court - this was rejected. I have since rejected a derisory offer to settle out of the Small Claims Court, and have been informed by the defendant's solicitor that I must not use this information at the Hearing. Is this correct?
harry 05/09/2012 at 2:29 pm
I want to make a small claim for £500. I am willing to resolve this civil dispute through arbitration, but I can't find out how to go about it. I've looked on different websites, I've been to CAB, I've phoned consumer helplines, and I'm still at square one. No-one seems to know.
I want to know which form to use, where to get it, what (if anything) I need to send to the defendant and where to send the claim form.
Can you help ?
chico 03/09/2012 at 4:42 pm
I lent a friend £1,000 last year, as I have proof of this as I paid a debt company she owed money to, which I paid through my own bank. She took a direct debit to be paid into my bank every month, which is also proof, for which she paid a few months £30, but then we fell out and the payments have gone down. Is there anything I can do as Im worried she might stop paying altogether. Many thanks Jean Couser
owed 29/08/2012 at 3:27 pm
my letting agent owes me monies that he has collected on my behalf and also has deposits from 3 of my tenants. I wish him to return all monies owed to me and deposits held so that i can register the deposits myself. can i claim for this in the small claims court? I have not been able to get proof from him that the deposits have even been lodged.
Daz 20/07/2012 at 6:21 am
I have split up with my girlfriend she is withhold a house full of all my goods, and her daughter also owes me £400 that I borrowed her. She paid me back £30 only.
Kandy 26/06/2012 at 1:30 pm
I lent my son's ex-girlfiend £650 towards a holiday.

She started to paythe money back, but got down to £400 and stopped the payments.

Have made contact with her but still no money is forthcoming, bearing in mind the amount owed, what is the best way forward?
Scary mary 23/06/2012 at 11:40 pm
Hi,
I've just ended a relationship. I borrowed my ex 1250 for a car which was due to be paid back in full. Now the relationship is over they are refusing to pay me back.
I want to take this matter through the courts can you help me please??
andy 15/06/2012 at 9:58 am
I submitted a claim for £2400, via money claim online, it was issued on 03/04/2012

I then submitted a judgment, the judgment issued on 26/04/2012
then submitted a warrant, warrant was issued on 29/05/2012.


What happens next?

I want the money to be claimed through an 'attachment of earnings order' how do I get this to happed?
Simoncdl 12/05/2012 at 7:59 pm
Is it worth taking a 'friend' to court over a £400 phone. He will not return the phone despite the fact I have had it blacklisted. We are obviously no longer friends and he has told me he sent me a text telling me he is going to sell it. I have all the evidence and the law on my side.
I have taken advice from the police and have written to him and I am now being advised to take him to a small claims court. Having looked at the advice from the leaflet about this method I am not convinced it is worth it but out of principal I don't see why he should get away faith it.
He is unemployed and I am unlikely to get anything back but the satisfaction of dragging him through a court, as opposed to my chosen method which would be a window.
kevin 24/03/2012 at 4:00 am
Can i use the the UK small claims process against a UK based travel agency with whom I rented a French house if I am a foreign national i.e. I am an Australian citizen living in Australia?
n/a 10/03/2012 at 6:16 pm
I was looking to rent a property through an estate agents, an amount of £365.00 pcm was agreed by myself and an employee of the estate agent upon I was asked to pay a reservation fee of £145.00 was paid by me. I was then asked to provide a gaurantor and to pay a further fee which was no problem, at this time I was told that £365.00 pcm was not acceptable and that the rent would in fact be £400.00 pcm. This amount of rent I told estate agent was not acceptable as I was on benefits and could not afford it. Because this amount was not agreed by both parties all monies paid by me would be returnable in full, I was given a receipt by estate agent's employee which says nothing about non-refundable payments. Aside from this I have been told by the charity shelter solicitor that unless agreed by both parties all fees would be refundable. Ihave made a telephone call requesting return of fees to be told this would not be happening. I wrote to Estate agent a first letter giving 21 days for a favourable response and got none.I wrote a second letter stating all facts and figures also rules and regs giving them 21 days to respond on 26thFebruary 2012, to which I have had no response.
ness 12/01/2012 at 2:40 pm
Hi

My neice owes me £450 i have asked on a number of occassions for this money and it does not materalise, i really need this money can the small claims court take money from her wages to pay me back the money
bradleys664 06/12/2011 at 11:34 pm
can I use the small claims court to claim for my 16 yr old son the 3 terms of schooling he missed and he was was not provided any interim education when this should of been done after the 16th day x2. the council have said it was down to the school as they had the money to educate him. they have ignored my letters and e-mails. I have based the amounts on the government ombudsmans figures of a £1000 a term. he said he could only claim against the council not the school. I do not want them to get off scott free they caused my son a lot of distress/depression. he was treated by child and adolescent mental health team. he has now been highlighted as having congnitive issues and traits that should of been spotted a long time ago by the professionals that let him down.
john 27/06/2011 at 10:32 am
can you take someone to a small claims court in the uk if they live in france

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