Small claims court advice required please. - HotUKDeals
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Small claims court advice required please.

skusey Avatar
6y, 7m agoPosted 6 years, 7 months ago
Have just opened a claim at the 'small claims court' after not receiving an item from a seller on here.
The fees cost me £25, which I am happy to lose.
What happens to the seller, ie; will they receive a letter asking to attend court or will they just be asked to refund me the money owed?
skusey Avatar
6y, 7m agoPosted 6 years, 7 months ago
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[mod] 1 Like #1
They will be served with your Claim Form and Particulars of Claim. They will have 14 days from the date of service in which to either file a defence or admit the amount is owed to the Court. If they do not do this at the end off 14 days then you can apply to the Court for Default Judgment. If they reply with a defence but it holds no water you can then apply to the Court for Summary Judgment.

They will not be called to Court. That is the reason for the implementation of the Small Claims Court. To try and settle matters as cheaply as possible so that the fees are proportionate to the amount being claimed.
#2
magicjay1986
They will be served with your Claim Form and Particulars of Claim. They will have 14 days from the date of service in which to either file a defence or admit the amount is owed to the Court. If they do not do this at the end off 14 days then you can apply to the Court for Default Judgment. If they reply with a defence but it holds no water you can then apply to the Court for Summary Judgment.


many thanks:thumbsup:
#3
what thread was it pal?
#4
They will receive a letter after 14-28 days asking to pay what is owed then it will be a court summons. If they lose they pay court cost aswell around £150.
[mod]#5
skusey
many thanks:thumbsup:


Anything else you need to know just PM me. It is really straightforward.

The Court will send you, in a couple of days, a Notice of Issue. Just make sure you note the dates on it as they are important for you entering Summary/Default Judgment.
#7
magicjay1986
Anything else you need to know just PM me. It is really straightforward.

The Court will send you, in a couple of days, a Notice of Issue. Just make sure you note the dates on it as they are important for you entering Summary/Default Judgment.


top man, I assume you have done this yourself?
rep to u:thumbsup:
[mod]#8
samberking
They will receive a letter after 14-28 days asking to pay what is owed then it will be a court summons. If they lose they pay court cost aswell around £150.


No they wont. They will receive it about 2-3 days after the Court receives the Claim Form.

Court fees are fixed based on value. The Court fees in this case are £25.
[mod]#9
skusey
top man, I assume you have done this yourself?
rep to u:thumbsup:


I have issued hundreds of these! They are really straightforward and easy to understand once things progress.
#10
magicjay1986
I have issued hundreds of these! They are really straightforward and easy to understand once things progress.



Won't Skusey get his fees back also?
[mod]#11
Jumpingphil
Won't Skusey get his fees back also?


Yes, the fee for issuing is added to the debt. The Claim Form (as Skusey obviously issued his claim online) will calculate this before the form was submitted.
#12
magicjay1986
Yes, the fee for issuing is added to the debt. The Claim Form (as Skusey obviously issued his claim online) will calculate this before the form was submitted.

I used this one;
https://www.moneyclaim.gov.uk/csmco2/index.jsp
#13
You're prolly useless at snooker anyway Skusey. :giggle:
[mod] 1 Like #14


Perfect. As soon as the days are over you can apply for Judgment online by just logging on.
#15
Jumpingphil
You're prolly useless at snooker anyway Skusey. :giggle:


especially without a cue:whistling:
Have had 1 break of 108:)
#16
or was it 108 breaks of 1, cant remember now
banned#17
samberking
They will receive a letter after 14-28 days asking to pay what is owed then it will be a court summons. If they lose they pay court cost aswell around £150.


why post something when you are completely wrong!

Should take a few days to get the form and the OP already stated it cost him £25

Well done OP - if more people actually did something when they got ripped it might stop as many people trying it on
#18
colinsunderland
why post something when you are completely wrong!

Should take a few days to get the form and the OP already stated it cost him £25


:thumbsup:
#19
you do everything by the book & still get screwed :x

I know you cant judge people easily on the internet, but the seller seemed genuine from the for sale post :thinking:
#20
are you certain that you have the persons home address, as they could have provided a fake address and details?
#21
Bad Times when people are that hard up they have to become thieves.
[mod] 1 Like #22
khy86
are you certain that you have the persons home address, as they could have provided a fake address and details?


Nothing a [url]www.192.com[/url] People Search can't find...
#23
richp
you do everything by the book & still get screwed :x

I know you cant judge people easily on the internet, but the seller seemed genuine from the for sale post :thinking:


khy86
are you certain that you have the persons home address, as they could have provided a fake address and details?


I am pretty sure, she seemed very genuine and the telephone number was correct, will double check the address now
#24
Its good to make sure because if the person gave fake details you may have wasted £25 with the judgement.

If she was genuine she woulda sent the cue :p
#25
khy86
yeah its good to make sure because if the person gave fake details you may have wasted £25 with the judgement.

If she was genuine she woulda sent the cue :p


have just checked and I can confirm that it is the correct address:thumbsup:
#26
casparwhite
Bad Times when people are that hard up they have to become thieves.


I am pretty sure she is genuine, but she still ripped me off
#27
khy86


If she was genuine she woulda sent the cue :p


yeah thats fair comment :thumbsup:

just seems strange to go through the whole addy, phone number process etc etc & then not send it, nowt strange as folk.
banned#28
make sure, if she does now contact you and either send the cue or offer to refund, you also get the £25 costs from her.
#29
Skusey as you got their address & name, google them ... see what that brings up as they may have done it on other forums.
#30
skusey
have just checked and I can confirm that it is the correct address:thumbsup:


good to hear, i wouldn't be arssed to go through with something like this, glad to see some people have a pair

skusey
I am pretty sure she is genuine, but she still ripped me off


richp
yeah thats fair comment :thumbsup:

just seems strange to go through the whole addy, phone number process etc etc & then not send it, nowt strange as folk.


although you never know there could be a genuine reason for her not responding (accident etc), you shall find out soon enough.
#31
snowflake
I just want to say Skusey, please change your avi, I am strangely drawn to you otherwise (swoon) lol :whistling:


+1 he is rather pleasant on the eye isn't he? LOL

Don't worry - we won't stalk you :-D

Edit - forgot to actually ask the question I was originally on here for - hasn't she given any reason for you not receiving it (like missing in post) or is she just ignoring you?
banned 1 Like #32
snowflake
I just want to say Skusey, please change your avi, I am strangely drawn to you otherwise (swoon) lol :whistling:


i was gutted when he said it wasnt him too :oops:
banned#33
snowflake
We're gonna get told off for being off topic soon :x

Hows you sass, miss you, so back on topic to avoid the smacked bums, skusey follow mjays advice he's spot on ;-)


im good ta, nice to see ya, and so i am not told off i will say skusey follow mjays advice too :oops:
#34
will need this myself in a short while
#35
http://i39.tinypic.com/mwwcon.gifhttp://i43.tinypic.com/iw5g00.gif
#36
This definitely doesn't follow the usual pattern, seller has been on here since 2006 and has over 1000 posts - also hasn't signed into HUKD since 20th March when the deal was done (obviously I am sure you have seen this Skusey, just pointing out for others) and readily provided bank details for payment.

I wonder if something happened, seems really, really odd? :thinking:

Good on you Skusey for going through small claims, I lost out £28 on here a couple of years back but didn't bother chasing it up - hope it works out for you, please do keep us updated :)
#37
Mrs.Z;8367765
This definitely doesn't follow the usual pattern, seller has been on here since 2006 and has over 1000 posts - also hasn't signed into HUKD since 20th March when the deal was done (obviously I am sure you have seen this Skusey, just pointing out for others) and readily provided bank details for payment.

I wonder if something happened, seems really, really odd? :thinking:


+1 :)

I once waited 7 weeks for a response from a seller here and left negative feedback, but they came back after illness and refunded me. :thumbsup:

P.S. No one has ever given me their details during a sale here apart from one seller who gave their address, I have bought about 30 items. :thinking:
banned#38
you did send a letter before action before starting the claim didn't you?
#39
How are you going to prove that you bought the cue?
[mod]#40
colinsunderland
you did send a letter before action before starting the claim didn't you?


Whilst this is good practice it will not go against Skusey as the Pre-Action Protocol is not known by most lay people.

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