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AIBU?

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To think I can manage small claims court process

8 replies

lorettalemon · 18/12/2019 14:48

Posting for traffic in aibu - hoping more people will see it and can help!

I need to take someone to the small claims court to get money back for a service not provided and I wanted to ask whether anyone's had experience of doing it and if it's a very difficult/complicated process to follow.

I don't know where to look for the best guide on the steps to take to make sure I do everything right.

Thank you for reading!

OP posts:
TheQueef · 18/12/2019 14:50

Very easy.
Look at money claim online, it's self explanatory Smile

TheQueef · 18/12/2019 14:51

www.moneyclaim.gov.uk/web/mcol/welcome

36degrees · 18/12/2019 15:00

My friend and I both had to take the same individual to small claims for non-payment of wages. She was successful and I was unsuccessful. She had a fairly straightforward process to follow as hers was completed and concluded entirely through the online portal but my case went to court 200+ miles from where I live, on a work day, with 3 days' notice, so I was unable to attend in person, and I had to chase the court to find out the outcome - after a year of jumping through various hoops I gave up trying to pursue it any further because it was just driving me mad, to be honest, and I needed to move on with my life.

My original claim was against an individual (as per my work contract with him), I was then asked via the courts to resubmit it and pursue my claim against a company he was a director of. The company is now listed on companies house as having wound up the day before the court hearing took place anyway so I'm sure I wouldn't have got any money back regardless of how the court decided.

I am sure there is good money to be made out there by someone who could put out a clear guide to all the steps to follow - I work in policy and legislation and still couldn't make sense of a lot of the official guidance.

pelirocco123 · 18/12/2019 15:06

Its very easy to do , however you are supposed to send a 14 day letter before action ...i.e , give them 14 days to pay up or else

Devereux1 · 18/12/2019 15:12

Very easy. I have done it a few times, won them all. Go for it.

The only tips I would give before you look at the MoneyClaims site is:

  • you must give the service provider an opportunity to give you a final response, that must be in writing to you
  • courts like you to offer mediation. Show, in writing, that in your request for a final response, you have offered mediation. They'll probably turn it down.
  • be clear in your evidence, don't go on and on
  • pay strong attention to deadlines. Exact times and dates when papers are to be sent. If either party fails to do this, the case can be thrown out/ruled in your favour. Make sure you are on the ball, and if the defence are 1 minute late, call the court and ask the judge to rule.
lorettalemon · 18/12/2019 15:12

Thank you all!

Does anyone know if there's any kind of guide anywhere saying the basics like you have to send such and such letter first, then you fill in a particular form and then send it to a certain place?

OP posts:
Devereux1 · 18/12/2019 15:14

All your answers are on MoneyClaim.
You have to submit the initial form first.
Once you're in the system and it's been referred to a court, then I found a good detailed phone call with their clerks helped me understand what form, when etc.

FreckledLeopard · 18/12/2019 15:15

Look at the WHICH? website - they have template Letter Before Actions there and further guidance.

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