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Small claims court advice

7 replies

Diamond345 · 17/12/2024 15:58

I have posted a letter to a tradesman to inform he has 14 days to respond to me before I take court action.

I had paid him £700 back in feb and the work hasn't been done, ignored all year. He had already done work for me so I didn't see an issue paying in advance for parts - big mistake.

He has recently sent an email saying he would send my refund by the end of the day and nothing was sent and he has ignored my replies. Does the fact he has said he will send a refund help my case?

Any advice would be helpful!

OP posts:
Spirallingdownwards · 17/12/2024 16:08

Yes it does. You can reference this in your particulars of claim. And if it gets to court it can be placed in evidence.

Diamond345 · 17/12/2024 17:40

@Spirallingdownwards thanks. Have you been through this? Im wondering do you have to physically attend court yourself?

OP posts:
peachystormy · 17/12/2024 18:21

OP as far as am aware you don't have to attend court it's all done online. That's what I done when I sued my ex

Littletreefrog · 17/12/2024 18:23

I would imagine once he gets the court papers you will get the money. Make sure to claim for your fees as well. Then you can just mark as settled without it actually having to be heard. If not it's more than likely going to be resolved online or by telephone.

prh47bridge · 17/12/2024 18:46

If the tradesman defends your claim you will have to attend a hearing unless the judge thinks one of you has such a weak case that it isn't worth having a hearing, or the judge thinks they can deal with the claim without a hearing and both sides agree.

Littletreefrog · 17/12/2024 19:00

prh47bridge · 17/12/2024 18:46

If the tradesman defends your claim you will have to attend a hearing unless the judge thinks one of you has such a weak case that it isn't worth having a hearing, or the judge thinks they can deal with the claim without a hearing and both sides agree.

If it gets as far as a hearing which is unlikely these can be held by telephone as well these days

Diamond345 · 17/12/2024 20:26

Thanks all, I'm really hoping he returns my funds before court!!

It is shocking how trades people can treat their clients

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