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small claims court - help

(26 Posts)
SlapACatFuckADuck Sat 21-May-16 09:23:47

I need to send a letter before action to a company and then start small claims because they've said they don't want to deal with it. Just want to know who do I send it to so they can't say change their name and then say not pay if you know what I mean.

They're not on companies house (that I can see) they are on duedil here but it says they're dissolved and they're still trading so no idea what to put?

prh47bridge Sat 21-May-16 10:00:35

They are not a company but they are still in existence as a registered charity (No. 1104075). Use the contact details on their website.

SlapACatFuckADuck Sat 21-May-16 10:10:40

Okay, should I address it to the people who run it or just the company name never done this so than you for your help

prh47bridge Sat 21-May-16 10:55:57

Use the charity name. You are taking action against them, not the trustees.

SlapACatFuckADuck Sat 21-May-16 11:24:39

Okay! Can I send the letter today or do I need to put in copies of the evidence I intend to use in my claim or do I wait till the court papers and to see if they respond? I've received a letter from them today basically saying yes I ripped the carpet In the kitchen and broke the wardrobe but I didn't do anything else, they can't explain how the carpet upstairs got in the state as apparently nothing touched the floor. They've said they will replace the wardrobe but it won't be brand new a second hand one from their warehouse and they might have a carpet for the landing. Do I have to accept any of these or do I just carry on? They've lied throughout their response even trying to blame my son who was at pre-school for 5 hours during the move!

prh47bridge Sat 21-May-16 11:51:58

You must send the letter before starting court action. You don't have to put copies of your evidence in the letter.

If you can agree a settlement with them without needing to resort to legal action you should do so. You don't have to accept what is on offer if you believe they owe you more. It doesn't sound to me like adequate compensation unless, of course, the replacement wardrobe turns out to be a valuable antique you can auction for thousands of pounds!

SlapACatFuckADuck Sat 21-May-16 21:14:20

Okay, is there anything I should/shouldn't put in the letter, or is there somewhere I can take it/show it to someone just to check it's all okay? Sorry it's all new to me

prh47bridge Sat 21-May-16 21:40:41

If you stick to the Which? template I linked on your last thread you will be fine.

GeorgeTheThird Sat 21-May-16 21:52:41

There's good info on the citizens advice website, too. And their consumer helpline might be useful.

SlapACatFuckADuck Sat 21-May-16 22:08:13

Okay, thank you both! Will pop it in the post Monday, turns out they've lied the whole way through even trying to blame my son who was at school so will be interesting to see how it pans out!

SlapACatFuckADuck Sat 11-Jun-16 23:47:57

So they recieved the letter, was sent signed for and have got evidence of that.

They're not going to respond or provide the evidence of the invoice detail what was to be moved/what was forgotten to be put on there and the quote given I asked for

What do I do? Will it go against them that they refused to respond/provide evidence Ect?

prh47bridge Sun 12-Jun-16 07:40:50

If the deadline in your letter has expired without any response from them the next step is to start proceedings. Go to Money Claim Online to start your claim. There is a guide for claimants there which will take you through the process.

SlapACatFuckADuck Sun 12-Jun-16 10:24:09

Thank you prh. Do I have to send them a copy of the forms as they didn't respond?

prh47bridge Sun 12-Jun-16 17:41:33

It is all in the guidance which is linked from the page to which I linked. The courts will send a claim pack to the defendant. You only need to send anything yourself if you want to serve additional particulars of your claim, i.e. if there isn't enough space in the online form for the particulars.

AShadowLurkingInTheShadows Wed 22-Jun-16 16:31:38

I've filled in the claim and it was issued today, however it didn't ask me about any evidence? Do I need to send them a copy or just take it to court with me? They didn't provide me with the evidence I asked for either and they're most likely going to ignore it to.

prh47bridge Wed 22-Jun-16 16:57:54

You don't need to worry about evidence until later in the process. If a hearing is required the court will issue directions which tell you what you need to do before the hearing. This will usually include disclosure of any documentary evidence.

AShadowLurkingInTheShadows Wed 22-Jun-16 19:11:46

Ahhh okay, So if they ignore it will there still be a hearing? Or do they rule without?

prh47bridge Wed 22-Jun-16 22:04:20

A hearing is only required if they defend the claim. If they do not respond you will apply for judgement.

AShadowLurkingInTheShadows Wed 06-Jul-16 14:47:31

update -

They've defended and made up a load of lies things like i made 3-4 abusive phone calls a day, he didn't notice a small patch of carpet come away now he say's he's pointed out a small coin of worn carpet as it's a very thin worn carpet, My children where running in and out of the house when Ds2 can't walk and ds1 was at school! I never voiced my disapproval when I did at the time and they apologised. After admitting in writing they didn't put the boxes in the right place they're now disputing that because I didn't tell them where they where to go (the location was written on the top of the boxes) and i was to busy chatting up the sky man and trying to get his number. I apparently stacked things up on a wall when neither property have a wall to do this! they apparently tried to sort it without the need for this yet refused to respond to my letter before action. They apparently didn't put anything on the floor upstairs when moving things which is impossible due to the dimensions of the landing!

They've then gone on to say how damaging it will be to them, a £1000 is a lot of money to them and would be spent better on feeding the homeless, furnishing the man who's had a stroke down the road and they can't afford to loose this money!

Surely the court's won't want to know about that? I mean £1000 is a hell of a lot of money to me I'm a single parent to two DS's!

prh47bridge Wed 06-Jul-16 16:02:00

If they seriously think an argument that the money should be spent on feeding the homeless, etc. will be of any interest to the court they will be disappointed. If they failed to exercise reasonable care and skill you are entitled to compensation. Saying the money would be better spent on something else rather than compensating you will get them precisely nowhere.

As for the rest of it, some of the things they've said are irrelevant. What does it matter whether or not you were chatting up the Sky man, for example (not that I am suggesting you were). Disputing something they have previously admitted in writing is just stupid. All you have to do is submit their previous written admission as evidence. Similarly you should submit anything you've got that shows their failure to even try to sort out the issues with you.

If the court is faced with clear evidence that significant parts of their defence is lies it inevitably means the court will be less inclined to believe anything else they say.

AShadowLurkingInTheShadows Wed 06-Jul-16 17:33:33

Thank you PH47

I have their previous letter where they closed the case, a copy of the calls I made to them on what days and with the length of the call, Copy of the emails sent, copy of the letter I sent them which they signed for and never responded to. I've also got proof of the boxes used and the fact they were clearly labelled with destination (thankfully not been in a rush to go to the tip!) written statements from the previous tenant, sister and partner who all saw things and quotes from the flooring guys for the damage satiating what way and how the damage was done in his opinion. I've got proof that ds1 was at school but no proof ds2 can't walk or run that shouldn't matter should it?

Should this be enough?

prh47bridge Wed 06-Jul-16 19:41:28

Sounds like more than enough to me.

SlapACatFuckADuck Tue 11-Oct-16 12:46:16

So we had a hearing before the actual hearing at the beginning of September, I was asked what I would accept for this to be settled out of court keeping in mind that the judge would likely order 50% (judges words) they were told the price and when asked said they had to talk to other board members about it and the judge told them they were told to respond within 2 weeks.

Today I sent my documents and I've just got a letter stating that they stand by what they said, they did nothing. They've withdrawn their offer set out in there first letter about my complaint and basically if I carry on they'll sue me for defamation of character and time wasted (when they told me they were doing nothing and it was all hear say I put it on facebook with pictures of the damage) they now want my solicitors details Can they do that?

prh47bridge Tue 11-Oct-16 14:13:37

They can't sue you for taking them to court or for the evidence you give to the court. There is nothing to stop them trying but they will fail as your dealings with the court are covered by absolute privilege. They would lose and have to pay your costs. This sounds like they are threatening you to try and get you to withdraw your claim. If that is the case you should bring it to the attention of the judge. They will not be impressed.

They could try to sue you based on what you have posted on Facebook but as long as what you have posted is true they will not succeed. They can't make you appoint a solicitor. You can tell them you are acting for yourself. That won't stop you from appointing a solicitor later if necessary.

SlapACatFuckADuck Tue 11-Oct-16 16:03:34

I've managed to see the letter, they have said

"At the meeting it became apparent you require us to acknowledge your request in monetary terms of £1000 suddenly reduced to £500 to settle the case out of court. We uphold our view which has been documented in our response to you in our complaints procedure. A unanimous decision is that this charity is not at fault and we accept no responsibility or liability to your claim.

we did offer you a good will gesture without liability but in view of the position you have take this is withdrawn with immediate effect.

The boards decision is final and we are now in the process of preparing all our documents and evidence to be submitted to the court should you still wish to go ahead

our evidence includes a substantial number of photos you have placed on social media. We have noted you have used social media etc to defame our name and falsely accuse us and our board of trustees hereby reserve their position as to whether they take action against you for this defamationband the waste of our valuable time. Please advise us of the name and address of your solicitor."

Even in the court room she was whispering she "were not going to pay" and the judge asked me if I'd accept less based on the figure not suddenly and he said that as it was a conciliation appointment it isn't to be used on the actual court date?

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