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Small claims court - has anybody been to a trial?

9 replies

Hectorito · 01/09/2025 16:33

Hi al. I am taking a gas fitter to court after he fitted a gas hob and cooker and caused a gas leak in my house. He would not take responsibility nor rectify the issue, another gas fitter had to come out at a several hundred pound cost (emergency call out fee and the repair bill). We have been through mediation but he will not budge and states it was nothing to do with him - the work was only done a few weeks previously and he provides a 12 month warranty on his work. I have evidence from the second gas fitter that it was his fault so hoping it will go my way in the end.

My question is what actually happens inside the court? I am dreading it as I don't want to see his face and especially if I lose!

OP posts:
Boomer55 · 01/09/2025 16:49

It’s not a trial. It takes part in a room. Both sides, if they want to, give their side of things.

No one has to attend - it can all be done in writing.

Hectorito · 01/09/2025 16:51

Thanks but we do both have to attend. If one of the parties involved does not attend the other wins the case. Whatever it is called hearing or trial I wondered if anybody had actually sat in one.

OP posts:
CheltenhamLady · 01/09/2025 17:16

I have been to the small claims court twice and won on both occasions.
It is simply a room and both parties are there and each side puts forward their argument (as detailed in the court documents) the judge asks various questions and then makes a decision.

It can feel daunting but the reality is if you simply tell the truth, the judge can usually see that, and will rule in your favour. You also need meticulous documentation covering every point you want to make.

Good luck.

LividYosemite · 01/09/2025 17:25

Following. Mine is imminent.

springissprung2025 · 01/09/2025 17:40

A word of warning sadly. The winning of the case is often only the beginning of the long haul to have your money returned
I was thrilled to win my case as defendant didn't respond in the time given so I'm sorry can't help with what actually happens in the room.
I then asked for a CCJ to be issued which took another month
This was then ignored by defendant and I had to ask and pay for high court enforcement officers to act
Happy to say they did a blooming good job very very quickly

LividYosemite · 01/09/2025 19:42

@springissprung2025 how much did they cost?

CarpetKnees · 01/09/2025 20:12

Thanks but we do both have to attend. If one of the parties involved does not attend the other wins the case.

I think that is what happens quite frequently.
I did when I took someone to the small claims court - her insurers (it was a RTC) phoned with an offer the day before the date of the hearing.
People say 'I'll take you to court' and then don't, so people try to say 'go on then' when they actually don't intend to let it get that far.
Not saying that will happen in your case, but it does happen.

Hectorito · 01/09/2025 20:22

Hopefully he won't turn up but I suspect he will as he postponed it once due to him being on holiday.

Even if he doesn't pay up but ends up with a CCJ I would be satisfied as the money is gone now it is more the principle of him leaving me with a house that could potentially have exploded and taking zero responsibility for it. He also said the second lot of plumbers 'scaremonger, exaggerate and rip off customers' - I have it all recorded. He also said initially he would pay up and was 'happy to sort it out' but then changed his mind and said it was nothing to do with him. Hopefully the judge will see he is full of shit.

I know what his argument will be so will ensure I can counter those with the facts rather than he just saying the second lot of plumbers were 'rip off merchants'. So glad I did not call him on the phone as he wanted, instead I have all the text messages that I can screen shot as I suspected he would go down this route.

OP posts:
lavioletta · 01/09/2025 20:30

I went and won, it was an awful experience and I felt completely shut down and never given the chance to speak.

i never saw any money, it was the beginning of another battle and I spent more money to try and get it back to no avail.

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