Notices
Non Scooby Related Anything Non-Scooby related

Small claims court procedure

Thread Tools
 
Search this Thread
 
Old 21 January 2007, 03:57 PM
  #1  
Mark Miwurdz
Scooby Regular
Thread Starter
 
Mark Miwurdz's Avatar
 
Join Date: Feb 2002
Location: nix fur bremser...
Posts: 1,757
Likes: 0
Received 0 Likes on 0 Posts
Question Small claims court procedure

I won't bore you with the details but I'm considering making a claim against a well-known courier company. I shipped a home cinema system I'd sold on eBay to a chap in London and whilst the parcel was in their custody, the system got totalled.

Insurance wasn't provided as stated (and understood by me) on their Ts and Cs because it was a cash transaction and not on account. My argument is that they failed in their basic duty of care; the damage to the system and packaging was incomprehensible.

I'm seeking £185.85 which was the sum realised in the auction plus the carriage fee. I've had a look at the small claims website and it doesn't look as straightforward as I had thought. Has anyone on here had personal experience (not "I know a bloke down the pub who's done it" please) of the process and outcome? PM me if you prefer.

Thanks in advance.

Cheers
Kav

Last edited by Mark Miwurdz; 21 January 2007 at 04:08 PM.
Old 21 January 2007, 04:00 PM
  #2  
apples24
Scooby Regular
iTrader: (1)
 
apples24's Avatar
 
Join Date: Jan 2002
Location: southampton
Posts: 4,067
Likes: 0
Received 0 Likes on 0 Posts
Default

i say go for it, with a small amout like that they will prob just settle
Old 21 January 2007, 04:10 PM
  #3  
turboman786
Scooby Regular
 
turboman786's Avatar
 
Join Date: Jul 2002
Posts: 2,458
Likes: 0
Received 0 Likes on 0 Posts
Default

It is a relatively straightforward process, the claim form itself is very simple, you have to pay the fee, which is about £150 I think (im in the process of taking a travel agent to the small claims court for £1300)......

It takes a long time if they want to take the matter to a trial, I issued the proceedings about 3 months ago, and I still havn't been allocated a hearing date yet...

Before you commence any action, write a formal 'letter before action' - in this letter clearly summarise the position, say what you are asking for, and clearly indicate that if a satisfactory response is not received within x days, then you will issue proceedings in the small claims track at the County Court. Hopefully for such a small amount they will settle.
Old 21 January 2007, 04:15 PM
  #4  
apples24
Scooby Regular
iTrader: (1)
 
apples24's Avatar
 
Join Date: Jan 2002
Location: southampton
Posts: 4,067
Likes: 0
Received 0 Likes on 0 Posts
Default

30 odd quid to start it online
Old 21 January 2007, 08:21 PM
  #5  
Milamber
Scooby Senior
iTrader: (2)
 
Milamber's Avatar
 
Join Date: Jan 2004
Location: England
Posts: 18,358
Likes: 0
Received 0 Likes on 0 Posts
Default

have a look here
Old 21 January 2007, 08:27 PM
  #6  
TopBanana
Scooby Regular
 
TopBanana's Avatar
 
Join Date: Jan 2001
Posts: 9,781
Likes: 0
Received 0 Likes on 0 Posts
Default

It's a piece of ****.

https://www.moneyclaim.gov.uk/
Old 21 January 2007, 08:27 PM
  #7  
richardg
Scooby Regular
 
richardg's Avatar
 
Join Date: Oct 2004
Location: essex, then chongqing, china and now essex again
Posts: 2,568
Received 0 Likes on 0 Posts
Default

i used it recently for work. filled out forms rather than doing it online, but relatively straightforward process...court awarded judgement in favour too, so we're more than happy with the process!
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
Mattybr5@MB Developments
Full Cars Breaking For Spares
28
28 December 2015 11:07 PM
Mattybr5@MB Developments
Full Cars Breaking For Spares
12
18 November 2015 07:03 AM
has-scooby
Subaru Parts
4
06 October 2015 03:47 PM
InTurbo
ScoobyNet General
21
30 September 2015 08:59 PM
Sub-Subaru
General Technical
1
28 September 2015 12:47 PM



Quick Reply: Small claims court procedure



All times are GMT +1. The time now is 08:55 AM.