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Small Claim

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  • Small Claim

    I am making a small claim and I wondered if I can rely on the fairness of treatment by the company I am claiming against, or do I need legislation to get a result?
    T
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  • #2
    It really depends on the situation… There are the FCA treating customers fairly rules if it is consumer credit related ... but Breaches of that tend to go through the financial ombudsman who can decide on fairness not strictly limited to legislation. Can you give us a bit more info about the situation you are dealing with and we'll help as much as possible xxx
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    • #3
      Ok here goes,
      Bought holiday home for just shy of 40k with part ex on old van in 2015 brand new
      Point of sale, salesman lied to us and also repeated the lie by email later on in the year. Was considering mis selling but it would not be a small claim and a big amount to start claim.
      In the end after lots went on we sold the van back to the site for a measly 10K
      I requested site fees back from the date we sold the van back until the end of season but they have a sliding scale rule and said no. This was deemed an unfair term by the OFT but later removed as no legislation to back it up. Fact is there is very no or very little protection for holiday home owners so site owners get away with almost everyhting they do.

      this from OFT
      4.33 Pitch licence fees are generally paid in full before the start of the season, although some parks allow payment in several instalments. Even if caravan owners choose to cancel licences where park owners are not at fault, they may still be entitled to recover some of these fees. Some licences include a sliding scale for refunds in the event of cancellation – we do not disagree in principle with the use of such sliding scales, provided they represent a genuine pre-estimate of park owners' losses. The law does not allow park owners to reclaim losses that they could have avoided had they taken reasonable steps to do so, such as attempting to find a new occupier for the pitch. Any provision that all prepayments are lost on consumer cancellation may be regarded as a penalty.

      ​​​​​​​I took on the task of trying to reclaim those fees and also the fact I think when we bought the new van site fees were included in the price as they were with the first van therefore we were charged twice, this they denied too

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      SHORTCUTS

      Pre-Action Letters
      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
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      Subject Access Request Letter
      Example Defence
      Set Aside Application
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      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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