Small claims court procedure
#1
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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
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.
#3
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.
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.
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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!
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