Small claims court

Thatsnotmynameee · 2025-02-21T18:50:20+00:00

Can anyone share their experiences of small claims court? I need to take a builder to small claims court who took 3 grand from me.

ShanghaiDiva · 21/02/2025 23:13

Process is quite straightforward to follow online. My claim was for unpaid invoices and I completed the online documentation, had a record of all communication with the defendant, dates etc and said I was prepared to try mediation. The appointment for mediation came through quite quickly with details as to how this would work ie you don’t speak directly to the defendant, just to the mediator on the phone who then liaises with the defendant and the discussion then continues. I had all the information to hand, invoice details, emails requesting payment etc and was very factual in the presentation of my ‘case’. Mediation took about one hour. It was frustrating listening to the mediator relaying comments from the defendant that were not true, but I repeated the facts and the only concession I made was removing interest from the claim amount. I was successful and defendant agreed to pay the full amount and the court fee. The mediator drew up a contract at the end of mediation for the defendant to pay in monthly instalments. This was not ideal, but assumed before the process started that a payment plan would be the result. Paperwork came through immediately following the meeting.

Original poster

Thatsnotmynameee · 22/02/2025 10:17

ShanghaiDiva · 21/02/2025 23:13

Process is quite straightforward to follow online. My claim was for unpaid invoices and I completed the online documentation, had a record of all communication with the defendant, dates etc and said I was prepared to try mediation. The appointment for mediation came through quite quickly with details as to how this would work ie you don’t speak directly to the defendant, just to the mediator on the phone who then liaises with the defendant and the discussion then continues. I had all the information to hand, invoice details, emails requesting payment etc and was very factual in the presentation of my ‘case’. Mediation took about one hour. It was frustrating listening to the mediator relaying comments from the defendant that were not true, but I repeated the facts and the only concession I made was removing interest from the claim amount. I was successful and defendant agreed to pay the full amount and the court fee. The mediator drew up a contract at the end of mediation for the defendant to pay in monthly instalments. This was not ideal, but assumed before the process started that a payment plan would be the result. Paperwork came through immediately following the meeting.

That's really helpful thank you!

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Original poster

Thatsnotmynameee · 04/03/2025 12:58

ShanghaiDiva · 21/02/2025 23:13

Process is quite straightforward to follow online. My claim was for unpaid invoices and I completed the online documentation, had a record of all communication with the defendant, dates etc and said I was prepared to try mediation. The appointment for mediation came through quite quickly with details as to how this would work ie you don’t speak directly to the defendant, just to the mediator on the phone who then liaises with the defendant and the discussion then continues. I had all the information to hand, invoice details, emails requesting payment etc and was very factual in the presentation of my ‘case’. Mediation took about one hour. It was frustrating listening to the mediator relaying comments from the defendant that were not true, but I repeated the facts and the only concession I made was removing interest from the claim amount. I was successful and defendant agreed to pay the full amount and the court fee. The mediator drew up a contract at the end of mediation for the defendant to pay in monthly instalments. This was not ideal, but assumed before the process started that a payment plan would be the result. Paperwork came through immediately following the meeting.

Thank you. How long did the process take for you to get your money back? I've logged a claim and the person I've claimed against now has until the end of March to respond (which in my opinion is annoyingly too long as he has stolen my money now for 5 months) but I've read that there's no guarantee you can ever get your money back 😫

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ShanghaiDiva · 04/03/2025 16:24

My defendant completed their paperwork promptly and also agreed to mediation. She couldn’t pay in full and a payment plan was agreed and first payment was made the day after the mediation. I knew it would be a payment plan as she had to provide financial information as part of her response to the claim and she already had two payments every month to debt collection agencies.

Thatsnotmynameee · 04/03/2025 17:51

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inigomontoyahwillcox · 04/03/2025 17:59

I took a used car small business to court via moneyclaim online. It was very simple, but he refused mediation and it ended up in court. He didn't bother completing and submitting his paperwork/evidence (because he had none). The judge gave him another chance and a second court date was set. He lost the case and was ordered to reimburse me in full plus court fees. He didn't, so I had to wait for a period of time before I could request them to enforce (bailiffs) and he had to pay in full, plus fees, plus interest. He was an utter twat who thought himself untouchable.

Original poster

Thatsnotmynameee · 04/03/2025 19:48

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Wrong thread

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TinyMouseTheatre · 04/03/2025 20:26

Just wanted to mention that getting a judgement does not guarantee that you'll get a penny unfortunately.

Original poster

Thatsnotmynameee · 26/03/2025 18:24

TinyMouseTheatre · 04/03/2025 20:26

Just wanted to mention that getting a judgement does not guarantee that you'll get a penny unfortunately.

This is what I've now learnt because he has moved house. Left nearly 3 grand out and nothing I can do. Awful. Devastated.

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anniegun · 26/03/2025 19:04

It is fairly straightforward if you have a good case and the necessary evidence. However it is very slow. Paperwork moves glacially through the courts and hearings can be postponed multiple times. We won but have had to suffer an appeal (declined) and 18months later have not had a penny paid. We are going through an equally slow process to enforce the judgement via a property sale and that is probably going to take more than a year. The hearings themselves have been fine and the judges fair and helpful but it is not a quick resolution

PassingStranger · 26/03/2025 20:29

Thatsnotmynameee · 04/03/2025 12:58

Thank you. How long did the process take for you to get your money back? I've logged a claim and the person I've claimed against now has until the end of March to respond (which in my opinion is annoyingly too long as he has stolen my money now for 5 months) but I've read that there's no guarantee you can ever get your money back 😫

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I don't think there is, but if they don't pay they can get a ccj.

Original poster

Thatsnotmynameee · 26/03/2025 20:44

anniegun · 26/03/2025 19:04

It is fairly straightforward if you have a good case and the necessary evidence. However it is very slow. Paperwork moves glacially through the courts and hearings can be postponed multiple times. We won but have had to suffer an appeal (declined) and 18months later have not had a penny paid. We are going through an equally slow process to enforce the judgement via a property sale and that is probably going to take more than a year. The hearings themselves have been fine and the judges fair and helpful but it is not a quick resolution

The defendant has changed address so my initial claim letter has been returned to sender

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Original poster

Thatsnotmynameee · 08/04/2025 16:18

So I never got anywhere with this as small claims court initial letter was returned to sender. My only option now is to proceed with a CCJ but I'm worried that'll make him angry and he knows where I live which is scary

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Small claims court

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