My County Court Claim

[Blue Shadow]

Took County Court action online against a well-known electrical retailer, who sold me a small item costing around £20 which went badly wrong. Said retailer has agreed -after much reluctance - to pay for this item ( and therefore admitting total liability ) and after presumably being served with notice of court action, but is silent about costs ( in this case £25, which is more than the faulty item). Total claim is therefore around £45.


I believe this firm thought no action would be taken as the court cost outweighs that of the faulty goods, but I was not prepared to let them get away with this.


So what do I do now? And how do I do it ? Have letter from the company admitting they will refund the full cost of merchandise but say nothing about court costs.

Blue Shadow

[des8]

Re: My County Court Claim

Ask them to confrm they will also refund court costs otherwise you will apply for a default judgement.

[Blue Shadow]

Re: My County Court Claim

Thanks for that - sounds about right me, will ASAP - again, thanks Blue Shadow

[Blue Shadow]

Re: My County Court Claim

Forgot to add, will write to them again as suggested, but how do I go about default judgement, Can u do this online ( this is how original legal procedures began ) ? I may have looked in the wrong places, but it seems that most sites give you the correct advice on these matters ( CAB etc) but not very clever when hiccups occur.

Blue Shadow

[des8]

Re: My County Court Claim

if the defendant fails to respond or file a defence application is made to the court using Money Claim Online

https://www.gov.uk/make-court-claim-...ake-your-claim

[Blue Shadow]

Re: My County Court Claim

Hi again

Another step in this saga. The latest is that I have received a "judgement against the defendant" which was issued by the County Court Business Centre on May 10th. Presumably this is a CCJ against said retailer. And also, they must have a copy. To date, had no cash or anything at all - including any acknowledgement - from my opponents. This is a small sum, but this is supposed to be what the "Small Claims Court" was set up for. Plus they are a big business & seem to think they can get away with it. Total costs including fee is around £45, which includes the court fee.

So what can I do now to get my money.

All the best - Blue Shadow

[R0b]

Re: My County Court Claim

Just so we have clear facts here and apologies if I am going back a step but it would be helpful to fully understand your current position.

1. When you initially made the claim, what address did you put down? Was it your local store or was it their head office?

2. When they offered £20 to cover the cost of the goods, did you accept that offer by indicating to them that is what you agree to? Or is this the point where you mentioned that you want your costs of the application too before accepting their offer? Also, did the letter explicitly say that they admit liability or that they will offer to pay the £20 without any admission of liability?

3. Presumably the retailer hasn't got back to you, and having failed to file a defence you then applied for summary judgment?

The easiest and quickest way to get something from the retailer especially if they are well known and big, would be to enforce the debt through the use of bailiffs, which will add more to your costs that they need to pay by that stage. My gut feeling is that no company would want a CCJ against their name because just like individual consumers, businesses also have a credit rating of sorts and a CCJ will definitely have an effect on their ability for good credit terms, pension schemes etc.

I would not be surprised if they make an attempt to set aside the CCJ hence the reason why I asked if they admitted in writing because that could be used against them for the CCJ to remain. But equally if the default was in March we are now into May and prompt applications should always be made to set aside any default CCJ.

[des8]

Re: My County Court Claim

[MENTION=71570]R0b[/MENTION], do you really think a large retailer will go to the cost of trying to set aside a judgement for a measely £45, which was the result of a claim for faulty goods?
I would have thought they would just cough up.
Judgement date May 10 , OP only just received copy of judgement, so presumably has defendant.
So nothing to be done anyway unless payment not received by 20th June(approx!)

[R0b]

Re: My County Court Claim

Short answer, yes I would. Let's say for example the company I work for had a CCJ marked against them because someone in the business decided to put in a bottom drawer and forget about it thinking it was nothing and chose not to inform anyone, that CCJ would affect the company's pension scheme and insurance and also some business critical contracts which require at all times to have not have received a CCJ, otherwise the credit terms we receive will be varied (and trust me they do carry out checks on a regularly basis). It also would affect us in obtaining further credit and favourable terms which would no doubt have a potential costs impact which woud likely be passed on to the end user.

Now I can only say what may happen if it was the business I work for but I wouldn't be surprised if this was the case with many other businesses. Although it is a CCJ for £45, it's the fact that a CCJ has been recorded which is the impact and can be quite wide-ranging.

[Blue Shadow]

Re: My County Court Claim


Reply to R0b
VIP Member


Hi thank for that so will now try to answer your questions as listed.

1. When you initially made the claim, what address did you put down? Was it your local store or was it their head office?

A:= Local store.
2. When they offered £20 to cover the cost of the goods, did you accept that offer by indicating to them that is what you agree to? Or is this the point where you mentioned that you want your costs of the application too before accepting their offer? Also, did the letter explicitly say that they admit liability or that they will offer to pay the £20 without any admission of liability?

A.= Did not accept offer, pointed out in return letter that I wanted costs included, and listed TOTAL sum. THEIR original letter to me said they would pay the original costs of goods ( without court fees ) if I brought this letter to store. So I am assuming that his alone accepts liability. But again, they only said in that letter,they would pay cost of original damaged item.

3. Presumably the retailer hasn't got back to you, and having failed to file a defence you then applied for summary judgment?

A = Retailer hasn't got back to me since May 10th decision, so not quite sure of next step, and I am not quite certain about "summary judgement".

The easiest and quickest way to get something from the retailer especially if they are well known and big, would be to enforce the debt through the use of bailiffs, which will add more to your costs that they need to pay by that stage. My gut feeling is that no company would want a CCJ against their name because just like individual consumers, businesses also have a credit rating of sorts and a CCJ will definitely have an effect on their ability for good credit terms, pension schemes etc.

I would not be surprised if they make an attempt to set aside the CCJ hence the reason why I asked if they admitted in writing because that could be used against them for the CCJ to remain. But equally if the default was in March we are now into May and prompt applications should always be made to set aside any default CCJ.

A - OK, so where exactly does that leave me ? As far as I can see, they NOW have a CCJ against them, so is good advice simply to wait. I would not hve thought that having this - even for such a small sum - is something they could live with. However, this particular well-known firm has shown incredible chutzpa when facing much bigger claims than this.

But tks again

Blue Shadow

[R0b]

Re: My County Court Claim

It leaves you with a CCJ and the right to enforce your claim against them for the sum of £45.

There are a number of ways to enforce the debt but the simplest and usually fastest way would be to use bailiffs to collect payment - other routes tend to be more onerous and can be more difficult to enforce. A statutory demand could be an alternative option but the likelihood is that a court would not wind up a large retailer for failing to pay a debt of £45 and would cost a fair bit of money.

See the two links below which gives a brief explanation of the various enforcement options and the GOV link explains what form you need to use.

https://www.lees.co.uk/news/enforcing-your-judgment/

https://www.gov.uk/make-court-claim-...rce-a-judgment

[Blue Shadow]

Re: My County Court Claim

[QUOTE=R0b;729306]It leaves you with a CCJ and the right to enforce your claim against them for the sum of £45.

There are a number of ways to enforce the debt but the simplest and usually fastest way would be to use bailiffs to collect payment - other routes tend to be more onerous and can be more difficult to enforce. A statutory demand could be an alternative option but the likelihood is that a court would not wind up a large retailer for failing to pay a debt of £45 and would cost a fair bit of money.

------------------------

OK tks again. Will wait a few more days to see what happens. I totally agree with the argument that it isn't worth this firm having a CCJ against them for so little. Two reasons I did this.The toasters - two of them and the same make and models- were both dangerous and one nearly set alight, and could have caused a serious fire.

And the other reason was the attitude of the management who would offer me anything except money back and seemed to believe they had a right to impose on me credit notes, gift cards, or another same make toaster, and I got a lot of rabbit rather than any attempt whatsoever at even a small apology.

Yeah, this was a small sum, but I felt it was a big insult.

And I think this company did not believe I would go to these lengths as court fee was more than toaster cost, and I suspect an awful lot of people look at this, shrug their shoulders, and take the loss, but the company still have their hard earned cash and if they palm off a lot of dodgy small item electrical goods, that can amount to quite a profit. As ever, cynicism rules.

Once again tks - Blue Shadow

[des8]

Re: My County Court Claim

Short answer, yes I would. Let's say for example the company I work for had a CCJ marked against them because someone in the business decided to put in a bottom drawer and forget about it thinking it was nothing and chose not to inform anyone, that CCJ would affect the company's pension scheme and insurance and also some business critical contracts which require at all times to have not have received a CCJ, otherwise the credit terms we receive will be varied (and trust me they do carry out checks on a regularly basis). It also would affect us in obtaining further credit and favourable terms which would no doubt have a potential costs impact which woud likely be passed on to the end user.

Now I can only say what may happen if it was the business I work for but I wouldn't be surprised if this was the case with many other businesses. Although it is a CCJ for £45, it's the fact that a CCJ has been recorded which is the impact and can be quite wide-ranging.

But if paid within 30 days of receipt is the record not removed from the register on payment of £10 fee ?

[R0b]

Re: My County Court Claim

Yes Des you are right, no CCJ if paid within 30 days though I had in my mind it was March 10 not May 10! Though you shouldn't need to pay £10 if you pay within the 30 days and notify the court and unless I'm wrong the £10 fee is generally for a certificate of satisfaction i.e. payments made after the 30 day window.

[Blue Shadow]

Re: My County Court Claim

Hi - and now the good news. The firm coughed up everything, and I now have a cheque for just under £45 - which is nearly twice the price of the original faulty item. It came almost exactly one month after the CC judgement. A bit of hassle, it's true, but why should I or anyone be lumbered with crap goods, or in other words you keep the problem, and we'll keep the money.

This large electrical reseller ( and I feel sure everyone knows who they are ) now wants the judgement lifted, but do I have to take any more court action, or does a simple letter to the firm saying more or less I accept the money rub out the debt ?

Whatever, tks for help - it was more than just useful.

Blue Shadow