Small Claims court
- Thread starter jamoor
- Start date
no, the limit for small claims is £5000. if you win, you might get awarded costs. you might not. If you lose, you will only be liable for costs if the judge(or whatever) thinks you've really been wasting time.
also see: http://www.grumbletext.co.uk/page.php?pn=gtclaims
also see: http://www.grumbletext.co.uk/page.php?pn=gtclaims
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Just expenses normally, unless you or they act unreasonably and cause significant costs to be incurred which you can then apply to be reimbursed.
Covered under CPR Part 27 - http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part27.htm#rule27_14
Covered under CPR Part 27 - http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part27.htm#rule27_14
I wasn't allowed to claim costs in my case, it was made clear in the paperwork sent to me by the county court.
I mean solicitors costs.
You could only claim the court fees back by being eligible for exemption in the first place - ie not paying them because of unemployment etc.
I wasn't allowed to claim costs for travel and expert witnesses weren't relevant to the case.
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Caporegime
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Just remember in your application you put down right in the end "costs in the case"
If you don't ask, you won't get it.
p.s. its Smalls Claims Action in County Court. There are no small claims court.
If you don't ask, you won't get it.
p.s. its Smalls Claims Action in County Court. There are no small claims court.
I take it you haven't read EX307?
Caporegime
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I wouldn't issue yet, what you should do is write to them with a letter of claim stating your intentions to issue proceedings if you don't receive payments in full within 7 days.
If you hear nothing on the 7th day then call them up, on the 8th day issue proceedings. Claim forms x 3 with particulars of claim x 3. Ask the Court to issue, hand in a cheque for the issue fee (£30 odd for a £500 claim I think).
Hand in the claim form with a covering letter:-
We enclose Claim form and particulars of Claim x 3, I would be obliged if the court could return a sealed copy to the Claimant and serve on the Defendant.
Then the Defendant will have 14 days to acknowledge after the court issue it, and 28 days to file a Defence. They will have to forward a copy of the Defence to the claimant ( the OP in this case ), if they don't, you will and should write in and ask for judgment in the matter.
Which you will get as they failed to response, and then you write to the defendant with a copy of the judgment and ask to be paid within 14 days. If they don't then you can instruct bailiffs to remove goods....etc....etc
If you hear nothing on the 7th day then call them up, on the 8th day issue proceedings. Claim forms x 3 with particulars of claim x 3. Ask the Court to issue, hand in a cheque for the issue fee (£30 odd for a £500 claim I think).
Hand in the claim form with a covering letter:-
We enclose Claim form and particulars of Claim x 3, I would be obliged if the court could return a sealed copy to the Claimant and serve on the Defendant.
Then the Defendant will have 14 days to acknowledge after the court issue it, and 28 days to file a Defence. They will have to forward a copy of the Defence to the claimant ( the OP in this case ), if they don't, you will and should write in and ask for judgment in the matter.
Which you will get as they failed to response, and then you write to the defendant with a copy of the judgment and ask to be paid within 14 days. If they don't then you can instruct bailiffs to remove goods....etc....etc
Caporegime
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For something that small i'd do it myself, then you are only paying for issue fees anyway, and the only way you are going to be out of pocket is if you loss. There is no defence if you can prove that he owes you £500, he either does or doesn't.
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you can claim for costs in a small claims, but only fixed costs and the cost for judgment. If the dispute is complicated enough and with good reasons then apply it to be allocated to the fast track then you can claim for costs for well, everything.
Part 44 of the CPR
http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part44.htm
I did say above that I was referring to solicitors costs, not court fees.
When you need to use the Money Claim website,
https://www.moneyclaim.gov.uk/csmco2/index.jsp
Saves loads of form filling, its very easy.
https://www.moneyclaim.gov.uk/csmco2/index.jsp
Saves loads of form filling, its very easy.
He'll only be able to claim the travel cost if he wins, and at the judge's discretion. Solicitor's fees aren't eligible in the small claims track.
What's reasonable travel costs, as he lives 200 miles away??
I took a online electronic goods store which deals in audio stuff to the small claims court. The cheek of it though was the court they assigned was near the registered address and not near me. So I could never go to the court case. I was 17 and didn't have the time or money.
Anyway, before the verdict the company sent me a cheque which covered all the costs. Stamps, Fees, Postages. The product was £330 and I got over £400. They knew they would loose but wanted to see how far I would take it. I wasn't going to back down as at 17 £330 was A LOT of money. Saying that at 20 it seems even more money lol.
Anyway, before the verdict the company sent me a cheque which covered all the costs. Stamps, Fees, Postages. The product was £330 and I got over £400. They knew they would loose but wanted to see how far I would take it. I wasn't going to back down as at 17 £330 was A LOT of money. Saying that at 20 it seems even more money lol.