Small claims court

[Swanny17]

Has anyone got any experience of making a claim through the small claims court?

 

Basically, I got my driveway done in 2020 and it’s needing repairs already - obviously a shoddy job. I tried to contact the person/company who did it and they are not willing to engage or resolve claiming that the business no longer operates.

 

I have contacted the SCC for advice and guidance and will go through that process but curious if anyone else has any experience of this?

[Diadora Van Basten]

First thing to do is to check the name of the company that did the work on companies house to check if they are still trading, if not you are wasting your time.

[Armageddon]

40 minutes ago, Swanny17 said:

Has anyone got any experience of making a claim through the small claims court?

 

Basically, I got my driveway done in 2020 and it’s needing repairs already - obviously a shoddy job. I tried to contact the person/company who did it and they are not willing to engage or resolve claiming that the business no longer operates.

 

I have contacted the SCC for advice and guidance and will go through that process but curious if anyone else has any experience of this?

 

A driveway company in Edinburgh?  I'd not be bothering, as much as that's a tough one to hear, unless it's a complete disaster, it could cause you more trouble than it's worth - Google the owner would be my advice.

[Victorian]

22 minutes ago, Armageddon said:

 

A driveway company in Edinburgh?  I'd not be bothering, as much as that's a tough one to hear, unless it's a complete disaster, it could cause you more trouble than it's worth - Google the owner would be my advice.

 

[Bull's-eye]

Yes, done it a couple of times. Very simple process and actually quite fun.

[kila]

2 hours ago, Bull's-eye said:

Yes, done it a couple of times. Very simple process and actually quite fun.

What did you get taken to court for?

[lost in space]

18 minutes ago, kila said:

What did you get taken to court for?

 👏 👏 

[lost in space]

I tried this a few years ago. There is a cost - £65 I think, about 10 years ago.

As I remember it, the guy who I took the action against, refused to accept a summons when it was delivered  - making further action difficult.

I did get what was due - but not through court system.

 

[been here before]

2 hours ago, Bull's-eye said:

Yes, done it a couple of times. Very simple process and actually quite fun.

 

Do you get to pace up and down with your thumbs tucked into your waistcoat, occasionally banging on a table and shouting out "and further more Sir, I put it to you that....".

[Bull's-eye]

40 minutes ago, kila said:

What did you get taken to court for?

 

Nothing in small claims court . . . Yet.

[Bull's-eye]

10 minutes ago, been here before said:

 

Do you get to pace up and down with your thumbs tucked into your waistcoat, occasionally banging on a table and shouting out "and further more Sir, I put it to you that....".

 

No, the best thing to do in a small claims court is actually keep your trap firmly shut and let the other side dig themselves into a hole they cant climb out of.

 

😉

 

 

[SecN]

It’s about £110 nowadays to start a process. They also can serve the summons on your behalf if you are a private individual whereas a business needs to pay a 3rd party to do that. 
 

They will regularly refer you to mediation before a sheriff will hear your case in person. 
 

Been involved twice. It’s an open court, usually court 13 up on Chambers St. have a visit and sit in the wee room for a bit to get an idea of it. Mostly all boring business/corporate stuff. Big cases at the time was when water rates for business were getting brought into place. Asian shops getting hit with bills for £10k+ from Scottish water and Castle water. All gets a bit repetitive but still intriguing. 

[Jim_Duncan]

37 minutes ago, lost in space said:

I tried this a few years ago. There is a cost - £65 I think, about 10 years ago.

As I remember it, the guy who I took the action against, refused to accept a summons when it was delivered  - making further action difficult.

I did get what was due - but not through court system.

 

Assassin?

[been here before]

26 minutes ago, Bull's-eye said:

 

No, the best thing to do in a small claims court is actually keep your trap firmly shut and let the other side dig themselves into a hole they cant climb out of.

 

😉

 

 

 

Disappointed to read that.

 

What about saying M'lud a few times?

[Bull's-eye]

4 minutes ago, been here before said:

 

Disappointed to read that.

 

What about saying M'lud a few times?

 

Both times ive been its been a female. Didn't try M'lady.

[highlandjambo3]

4 hours ago, Swanny17 said:

Has anyone got any experience of making a claim through the small claims court?

 

Basically, I got my driveway done in 2020 and it’s needing repairs already - obviously a shoddy job. I tried to contact the person/company who did it and they are not willing to engage or resolve claiming that the business no longer operates.

 

I have contacted the SCC for advice and guidance and will go through that process but curious if anyone else has any experience of this?

I took a bathroom/kitchen company to court (small claims)about 5 years ago, took about a year to get my money back.  We had agreed (via e mail) with the bathroom company an installation date which would take a week to complete, the date was also non negotiable due to my property being a b & b.  I closed off all the rooms for the week we agreed., I also paid a deposit of £4k (yes more the fool me).  We had agreed this date 6 months before the installation was due.  4 days (yes 4*** days) before they were due to begin I get a call saying they need to put the installation back a week…..🤬🤬🤬🤬 raging, I demanded a refund, that’s when they started their nonsense.

 

 I had evidence of everything mentioned above.

 

So, here’s what you should do, and keep everything dated and recorded:

 

When you start the claims process the other party will receive notification from the court of your intentions……this should rattle them.

 

But firstly:

 

Threaten them with small claims but, you must ensure you give them time to rectify the problem so, a letter & e mail stating you will give them 28 days (or whatever you think appropriate)before you take action.  *Mention that all costs to you will also be included in the claim.  Make sure the letter & e Mail state exactly what the issue is and how to should be fixed, including a time frame.  Register every letter to make sure it’s signed for by them and, ensure you have a copy(my muppets started to rant about spam emails etc).

 

Part of the information the court will give you is to ensure that the third party are kept in the picture regarding your evidence so, prior to going to court you will be required to send the court details of all correspondence electric & written to the court (your evidence), you will also be instructed to send a copy of all your evidence to the third party.  **They will also be instructed to send you and the court all their evidence they have to counter your evidence.

 

If it goes this far, you’ll receive an initial date to attend a public/open court, I got a bit confused at this point as I though I’d be there arguing my point but no, it was just a court official stating the case of X v’s Y and a future date was announced.

 

I attended at the second date along with a sales rep from the company (first time I’d seen or heard from them in nearly 12 months) it was a private meeting with just a judge, court clerk and us both.  Judge confirmed our names then without another word from us, he sent us away to a private room to come to a resolution, if we couldn’t he’d come back and hear the case.  That’s when they shat it…..their sales rep was caught in the headlights, no evidence (as they had nothing anyway), quick phone call followed by a bank transfer to my account and we were done.

*I charged them for the cost of each registered letter 😁

 

** This is where I knew I had them as they hadn’t sent me a single piece of evidence to back themselves which meant anything they produced on the day would not be valid.
 

Do you have any written/email information on exactly what they were providing you?

 

 

 

Edited April 19 by highlandjambo3

[highlandjambo3]

Oh….avoid phone calls, you can’t prove what has been said or agreed.

 

 

Forgot to say……..they will try and grind it out in the hope you’ll give up…..took me a year.

Edited April 19 by highlandjambo3

[Greedy Jambo]

Is there anyone even working in small claims court? I mean, who's going to be arsed with that?

I wouldn't bother, i would just cut my losses, go without the stress and amount of time you'll be wasting. 

 

Call it a learning experience. 

Edited April 19 by Greedy Jambo

[mrmarkus1981_1]

6 minutes ago, Greedy Jambo said:

Is there anyone even working in small claims court? I mean, who's going to be arsed with that?

I wouldn't bother, i would just cut my losses, go without the stress and amount of time you'll be wasting. 

 

Call it a learning experience. 

Same. Lifes too short

[maroondevo52]

Took Bank of Scotland and a couple of Loan companies to court using Small Claims and Summary Cause claim,

it was during the Bank Charges rip - off, all claims were settled a few days before the court 'calling date', also got interest on them all.

[highlandjambo3]

2 hours ago, Greedy Jambo said:

Is there anyone even working in small claims court? I mean, who's going to be arsed with that?

I wouldn't bother, i would just cut my losses, go without the stress and amount of time you'll be wasting. 

 

Call it a learning experience. 

Eh?…….let some Mickey Mouse company take your dosh and bugger off?

 

Someone runs off with £4k of yours I’m sure you’d bother. 

[highlandjambo3]

2 hours ago, Greedy Jambo said:

Is there anyone even working in small claims court? I mean, who's going to be arsed with that?

I wouldn’t bother i would just cut my losses, go without the stress and amount of time you'll be wasting. 

 

Call it a learning experience. 

Aye, let them run away with your money…….clearly never had someone take £4k from you.

2 hours ago, mrmarkus1981_1 said:

Same. Lifes too short

See above.

[kila]

3 hours ago, Greedy Jambo said:

Is there anyone even working in small claims court? I mean, who's going to be arsed with that?

I wouldn't bother, i would just cut my losses, go without the stress and amount of time you'll be wasting. 

 

Call it a learning experience. 

Didn’t bother arguing your divorce?

[cazzyy]

3 hours ago, maroondevo52 said:

Took Bank of Scotland and a couple of Loan companies to court using Small Claims and Summary Cause claim,

it was during the Bank Charges rip - off, all claims were settled a few days before the court 'calling date', also got interest on them all.

 

I did the same with Lloyds Bank, they phoned me outside the court buildings, told them I'd need to see the money in my account or I was going in. It was transferred straight away. 👍

[Fxxx the SPFL]

20 hours ago, Swanny17 said:

Has anyone got any experience of making a claim through the small claims court?

 

Basically, I got my driveway done in 2020 and it’s needing repairs already - obviously a shoddy job. I tried to contact the person/company who did it and they are not willing to engage or resolve claiming that the business no longer operates.

 

I have contacted the SCC for advice and guidance and will go through that process but curious if anyone else has any experience of this?

Has the company moved to a different caravan site 😉

[maroondevo52]

17 hours ago, cazzyy said:

 

I did the same with Lloyds Bank, they phoned me outside the court buildings, told them I'd need to see the money in my account or I was going in. It was transferred straight away. 👍

Good stuff, the Banks got away with murder back then, at least now it's how it should have been, giving you notification of up and coming charges and time to pay into your account before they hit you with them.

[Armageddon]

On 19/04/2024 at 15:19, Armageddon said:

 

A driveway company in Edinburgh?  I'd not be bothering, as much as that's a tough one to hear, unless it's a complete disaster, it could cause you more trouble than it's worth - Google the owner would be my advice.

 

22 hours ago, highlandjambo3 said:

Aye, let them run away with your money…….clearly never had someone take £4k from you.

See above.

[COUGH COUGH]
 

Honestly, please make sure you take an hour on Google!  You will only need 3 minutes.

[highlandjambo3]

1 hour ago, Armageddon said:

 

[COUGH COUGH]
 

Honestly, please make sure you take an hour on Google!  You will only need 3 minutes.

Eh?

[Armageddon]

On 20/04/2024 at 23:05, highlandjambo3 said:

Eh?

There’s a driveway company in the City that the owner is not worth taking on in any way.  That’s all I’m saying, check it out first and pick your battles, as they say.