OK...So does anyone know the point of the small claims court?????

[Chris Green90]

So after all the grief with Worldspares ltd.re. my front diff. I decided to take them to the small claims court.

Looked at how to go about it online and great stuff, you can do it all online for 35 quid. excellent. Here we go. Finally some justice and my money back.

Fill in the online forms. takes about 20 mins. job done. great stuff.

You are then told that your claim will be issuedin 5 days and the defendant has 14 days from then to respond in one of the following ways.

Accept the claim and pay up
Deny the claim and put in a defence
Apply for an extension to prepare a defence
Accept part of the claim.
(may be a couple more but none are really important in this case)

Well my claimant decided to do nothing at all. Absolute butt kiss. zip nada niltch.

OK. So the next step after the 14 days have passed is to request a judgment (i contacted them twice in this 14 day period). I requested a Judgment and by default I won. By default ok but won none the less.

5 days after the Judgment was passed I though I would give Worldspares LTD a ring to see what was happening. Spoke to the guy he said that he had recieved no court papers at all. none not even the original claim form even though I had discussed this with him.

Spoke to the court helpdesk after this and can you believe that for my £35 they don't even send out summons or judgments via recorded post....I mean what a joke.

As for next course of action. Either Worldspares LTD have to contact the courts to arrange an appeal on the basis that they have not received the documentation. (which they won't do I assume because they will loose) or I call in the bailiffs to enforce the judgemnt at £100 at which point all Worldspares LTD have to do is to say to the bailiffs that they have never received any court paper work and we are back to square 1 again. all for the sake of a 70p recorded delivery.

Anyone have any ideas where to go from here.

My thoughts were to gather up all my evidence, pictures, letters, telephone records, eye witness testimonies, MY OLD DIFF etc and drive over there and sit in there yard until the police turn up.

 

[Shayne]

If you sit in their yard until the police turn up you will be arrested for public disorder police have no interest in civil matters . Do you still have the diff ? is it ordered by the court you must return it ?

 

[Chris Green90]

Diff has been returned. Courts have just ordered them to pay. FULL STOP.

Ok i would be arrested for piblic disorder. By hey. You can garuntee my picture and story would end up in the paper.

??? I wonder if anyone has ever tried to take the small claims court to court??? Mmmmm that way revolution lies me thinks?!?!?!?!?!?

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[Rob]

http://www.theguardian.com/money/2010/nov/20/small-claims-court-enforce-judgment

Might be worth a read. It is madness that people can get away with not paying court orders.

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[Shayne]

You would lose money but you would get revenge while at the same time putting it behind you if you sold the debt to Balliff's .

 

[Chris Green90]

Thanks rob. Read all the forms and such and still think that nothing is going to happen.

Those of you who have met me will attest to the fact that i have little or no tolerance for that which persists me off. I am pretty sure these people will give me the runaround given half the chance but I am thinking maybe a little public disorder may be what is needed to put people like this in the spotlight.

But then you get to thinking I am only one man and what can I do.

The main problem I have in this case is the fact that they are denying receiving the documents. If they had been sent out by the courts recorded then i would have no problem issusing a warrent. But as it stands all they have to do is say they didnt get the forms and we are back to square one.

I have since read on a review site of another customer buying something from them on 5 nov and is planning to take them to court.

Looks like they have had problems in the past aswell as the company director miss Emma Heaton has had 3 breaking companiea in the last 3 years.


Aaaaaaarrrrrrrggggggg. Makes me so mad. Just want to kick up a big fuss but i guess your right. No one will listen.

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[ratrace]

will this help
http://thesheriffsoffice.com/high-court-enforcement

As i have seen them on tv

 

[karl webster]

Chris. They are Txxts!

I do a lot of building for a guy who uses small claims a lot. To be honest everyone in the companies position is going to use the excuse that that haven't had any contact etc etc so I don't that will work in there favour.

Do you want me to have a word with him to see where you stand and find out what you need to do?

 

[Chris Green90]

Please karl. That would be a big help mate

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[Chris]

And the name of this company again just to be clear ......


Are they on Tw*tter or anything? I understand you can bombard them with bad karma or something can't you?

So they have the diff AND your money Chris? Isn't that theft?

 

[mrdelmonti]

Well there's always the option of a large group of LCs parking up in front of their premises with a large informative sign, and of course I'm sure the local paper would get a tip off...

 

[moggy1968]

is it possible to get the court papers delivered to you, or you collect them and then you send them on to the company yourself (recorded delivery)

 

[Chris Green90]

Hmmm thats what Amanda suggeste. The problem is that we are past that point. The judgement has been made. So one would rightfully think great. I am going to get my money back. But that kust does not seem to be the case.

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[Janson24]

Hi there
I'm having a problem with the same company.
I've paid 235 pounds for the car parts and they sent me a wrong item after a 2 weeks.
Did you manage to get your money back?
I'm looking for some kind of advice.
I've already report them to the trading standards.
Hope to hear from you soon.
Thanks
Artur J

 

[Brian the Sn@il]

Pay a solicitor, then reclaim solicitors costs ( if the solicitor takes on the claim) ?

Ive been down same route for money owned to my business.
Ballifs went in, but person would not let balifs in - WTF ! so another FAIL !
Small claims court is terrible, as the bad businesses know how to dodge it !

 

[frank rabbets]

If you have a small claims court award you can upgrade the judgement to the High Court who instruct sheriffs who have more powers than bailiffs. Been a lot on the telly recently.

 

[Citizen Brown]

Afternoon

Just read your original post rather quickly so as i understand it:-

1. You have obtained judgment;

2. The judgment is in default (failure to respond to claim form)

If this is the case the judgment is valid until set aside by the Court. To do this the Defendant will have to make an application to the Court and pay the application fee (£70.00 i recall). Not only will they have to provide evidence that they did not receive the papers (this is easy bit - witness statement from director) but they will also have to demonstrate that they have a valid (or at least arguable) defence to your claim (not clear from what you say whether they do or do not?)

My suggestion is to take the next step and send in the Bailiff. You will be able to recover the bailiff's fees, court costs and interest on your claim but solicitors costs are not recoverable in the small claims court.

Bailiff's vary in ability across the country but most i have had contact with are usually good and won't fall for any flannel about papers not received etc..

 

[Tractionman]

Chris Green90, been to small claims loads of times and got judgement like you, but in every case I was asked by the court when issuing summons, did I want bailiff to serve to be sure?. For a small extra fee, which is added to claim, bailiff served, - no excuse of non delivery. Obviously too late in your case, sorry. Small claims is like a toothless dog, barks but don`t bite - unless you persist and back them in a corner. Once took me 4 years and 3 court appearances and 2 no shows, and errr some errr unlawful activities? to get my money. Keep plugging away mate and kick up hell at the court office, after all they are a bunch of nobodies who you have paid to do a job!! As per Frank`s comment, yes you can use a sheriff, but I am pretty sure that starts with a claim of 5 grand upwards. Check it out, cos those blokes don`t eff about. They get entry, regardless, especially on commercial premises and sieze stuff big time, (if its there to sieze) Don`t understand why Brian`s bailiffs did not call old bill to gain entry, which is usual, as they have no real powers, but there again maybe not bothered as they get their fee regardless. Sorry not more positive, but illigitimus non tatum and all that.

regards, John

 

[ratrace]

its £600
this is the site you might need

http://thesheriffsoffice.com/individuals

 

[moggy1968]

For anyone thinking of pursuing these things, I would recommend a visit to CAG, the Consumer Action Group

http://www.consumeractiongroup.co.uk/forum/index.php

There is quite a prescriptive format to follow to make a successful claim with all t's crossed and i's dotted. I've used their format several times successfully for small claims court claims. As has already been said, switched on firms know how to stall, but if your persistent and know your stuff, you can nail them in the end, so long as they don't actually go insolvent!! If that happens your done for because those who will really suffer from the loss are at the bottom of the pile after the revenue, banks etc, all people that could afford to take the hit!

I used to work in the construction industry and it is rife with people putting themselves into liquidation owing huge amounts of money, then setting up again as a different company, it is a disgrace, people lose there houses over it