Need information on Small Claims Court process

[TheTookJunkie]

I purchased £100 worth of items from an online retailer but nothing showed up. Their customer service has been lying and making up details about the despatch and finally said that once the order has been processed then it became my responsibility. This is against the Distance Selling Regulations and I am taking them to the court.


Now, I want to seek £500 for inconvenience and the original cost. I have never gone to small claims court against anyone so I don't know the procedure. I know I have to pay the fee upfront when starting the small claims court procedure. Would I be penalised for asking too much money? What if the judge decides to award me £250 in total, what would happen to the court fees which I paid upfront? Would I get a refund from the court or not, because the fee for £250 is different for a £500 claim. Or would the defendant have to pay fees at the rate of £500 even though an award was granted to the claimant for less than that amount?


I have searched everywhere on the internet and forums but could not find the answer to that. Surprisingly, the Citizen's Advice Bureau advisor over the phone didn't have a clue either. Can someone please help me out here as to what would have in different scenarios?

[CleverClogs]

Re: Need information on Small Claims Court process

How much was the actual cost of the goods?

How did you pay?

[TheTookJunkie]

Re: Need information on Small Claims Court process

£100. I paid by PayPal using my debit card. The whole fiasco went more than their 45 days limit.

Anyway, it's surprising to me that no where on the internet you can find an answer to my question:

If a claimant sues a defendant for £500, where the cost of goods is £100 and the rest is inconvenience, and the judgement is awarded to the claimant but only for £250, in that case what are the consequences of court fees?

Also, is the claimant penalised in any way for seeking £500 in damages?

You would think that this is a basic question - but you can't find answer to that anywhere.

[ostell]

Re: Need information on Small Claims Court process

My understanding is that you can't claim for inconvenience, though you can claim for the time it's taken to handle the matter, possibly at £20 per hour. Include the cost of phone calls etc and any other related costs. The court fees are a separate line on the total claim section.

Best bet is to go and get a form from your local court and look at the layout.

The overall procedure is fairly easy. Fill out the form, try not to bore the judge, but be sure to give enough detail.

I've been successful in every one I've used. (persistent non payers in a small business)

[enaid]

Re: Need information on Small Claims Court process

You can claim on line the fees are cheaper, you may be able to reclaim your fees from the defendant if you win your claim.

I think all compensation added to the claim for inconvenience etc are at the discretion of the judge.

[ostell]

Re: Need information on Small Claims Court process

you may be able to reclaim your fees from the defendant if you win your claim.

Fees paid are part of the claim.

[enaid]

Re: Need information on Small Claims Court process

Fees paid are part of the claim.

Yes but he has to win the claim and hope the defendant can pay up.

[CleverClogs]

Re: Need information on Small Claims Court process

try not to bore the judge

Lest he falls asleep and finds for the other side when he awakens?

[trampjuice]

Re: Need information on Small Claims Court process

Well, you know this is pretty key for a lot of people - it's taken me 4 hours of work to navigate the points of law and write particulars of claim, file with MCOL (money claim online), never mind all the emails dates and documents I have had to get together, then follow the civil practice directive rules on notifying the particulars to the other party, then filling in and sending a certificate of service (to show that I have filed the particulars on the other party), and then emailing the document to the court, scanning the documents (because they have to be signed), just for a simple claim over a car battery wrongfully supplied and no refund given despite months of emails etc... The labour cost of doing all this dwarfs the sum owned for the battery.

But nowhere are their any indications of what you can claim for having to do all this. It's byzantine. So the claim is for some daft low amount plus interest.

[leclerc]

Re: Need information on Small Claims Court process

Well, you know this is pretty key for a lot of people - it's taken me 4 hours of work to navigate the points of law and write particulars of claim, file with MCOL (money claim online), never mind all the emails dates and documents I have had to get together, then follow the civil practice directive rules on notifying the particulars to the other party, then filling in and sending a certificate of service (to show that I have filed the particulars on the other party), and then emailing the document to the court, scanning the documents (because they have to be signed), just for a simple claim over a car battery wrongfully supplied and no refund given despite months of emails etc... The labour cost of doing all this dwarfs the sum owned for the battery.

But nowhere are their any indications of what you can claim for having to do all this. It's byzantine. So the claim is for some daft low amount plus interest.

Are you the same user as the person who started the thread?

[TheTookJunkie]

Re: Need information on Small Claims Court process

Are you the same user as the person who started the thread?

Nope

[FORCEOFONE]

Re: Need information on Small Claims Court process

LIP rate stands at £18.00 per hour to bring a civil claim

[trampjuice]

Re: Need information on Small Claims Court process

From - http://www.thompsons.law.co.uk/other...er-problem.htm
Costs

If you are successful, you can ask the Judge to award you ‘costs’ to reimburse you for any financial loss you have suffered to attend the hearing. However, if you are unsuccessful the defendant can ask for his/her costs as well!

These ‘costs’ include:
• any court fees paid;
• an amount of not more than £50 per day each for the party, and any witnesses for loss of earnings due to attending the court hearing
• costs for use of an expert up to a maximum of £200;
• the party’s own and any witnesses’ expenses in attending court, for example, fares and accommodation;
• any costs ordered by the Judge if one of the parties behaved in an unreasonable way.
Costs will not be awarded by the court unless the successful party asks for them at the time the judgment is made in the hearing. If there has not been a hearing, the successful party will need to write to the court asking for costs. You will be expected to prove your costs so it is wise the keep any travel tickets, hotel invoices in case the Judge wants to see them.
However if you have had the opportunity to settle this out of court, for example through an ombudsman or negotiations, and you didn’t, the court may not award you costs, even if you are successful.

[leclerc]

Re: Need information on Small Claims Court process

From - http://www.thompsons.law.co.uk/other...er-problem.htm
Costs

If you are successful, you can ask the Judge to award you ‘costs’ to reimburse you for any financial loss you have suffered to attend the hearing. However, if you are unsuccessful the defendant can ask for his/her costs as well!

These ‘costs’ include:
• any court fees paid;
• an amount of not more than £50 per day each for the party, and any witnesses for loss of earnings due to attending the court hearing
• costs for use of an expert up to a maximum of £200;
• the party’s own and any witnesses’ expenses in attending court, for example, fares and accommodation;
• any costs ordered by the Judge if one of the parties behaved in an unreasonable way.
Costs will not be awarded by the court unless the successful party asks for them at the time the judgment is made in the hearing. If there has not been a hearing, the successful party will need to write to the court asking for costs. You will be expected to prove your costs so it is wise the keep any travel tickets, hotel invoices in case the Judge wants to see them.
However if you have had the opportunity to settle this out of court, for example through an ombudsman or negotiations, and you didn’t, the court may not award you costs, even if you are successful.

Not if the claim is under the £5k mark(I think that figure may have gone up to 10K) which from post 1 is clear that this would be the case.