Small claims court advice required please.

Found 14th Apr 2010
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?

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Supermod

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.

Original Poster

magicjay1986;8367201

They will be served with your Claim Form and Particulars of Claim. They … 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:

what thread was it pal?

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.

Supermod

skusey;8367215

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.

Original Poster

magicjay1986;8367253

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

Supermod

samberking;8367246

They will receive a letter after 14-28 days asking to pay what is owed … 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.

Supermod

skusey;8367278

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.

magicjay1986;8367286

I have issued hundreds of these! They are really straightforward and easy … 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?

Supermod

Jumpingphil;8367340

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.

Original Poster

magicjay1986;8367360

Yes, the fee for issuing is added to the debt. The Claim Form (as Skusey … 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;
moneyclaim.gov.uk/csm…jsp

You're prolly useless at snooker anyway Skusey. :giggle:

Supermod

skusey;8367369

I used this one;https://www.moneyclaim.gov.uk/csmco2/index.jsp



Perfect. As soon as the days are over you can apply for Judgment online by just logging on.

Original Poster

Jumpingphil;8367390

You're prolly useless at snooker anyway Skusey. :giggle:



especially without a cue:whistling:
Have had 1 break of 108:)

Original Poster

or was it 108 breaks of 1, cant remember now

Banned

samberking;8367246

They will receive a letter after 14-28 days asking to pay what is owed … 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

Original Poster

colinsunderland;8367455

why post something when you are completely wrong!Should take a few days … 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:

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:

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

Banned

Bad Times when people are that hard up they have to become thieves.

Supermod

khy86;8367490

are you certain that you have the persons home address, as they could … 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...

Original Poster

richp;8367480

you do everything by the book & still get screwed :x I know you cant … 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;8367490

are you certain that you have the persons home address, as they could … 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

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

Original Poster

khy86;8367525

yeah its good to make sure because if the person gave fake details you … 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



have just checked and I can confirm that it is the correct address:thumbsup:

Original Poster

casparwhite;8367504

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

khy86;8367525

If she was genuine she woulda sent the cue



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

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.

Skusey as you got their address & name, google them ... see what that brings up as they may have done it on other forums.

skusey;8367530

have just checked and I can confirm that it is the correct … 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;8367554

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



richp;8367558

yeah thats fair comment :thumbsup: just seems strange to go through the … 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.

snowflake;8367562

I just want to say Skusey, please change your avi, I am strangely drawn … 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

snowflake;8367562

I just want to say Skusey, please change your avi, I am strangely drawn … 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

snowflake;8367663

We're gonna get told off for being off topic soon :xHows you sass, miss … We're gonna get told off for being off topic soon :xHows 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:

will need this myself in a short while

http://i39.tinypic.com/mwwcon.gifhttp://i43.tinypic.com/iw5g00.gif

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

Mrs.Z;8367765

This definitely doesn't follow the usual pattern, seller has been on here … 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

you did send a letter before action before starting the claim didn't you?

How are you going to prove that you bought the cue?

Supermod

colinsunderland;8367892

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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