Help bringing small claim against caravan repairer

[R0b]

Re: Help bringing small claim against caravan repairer

Keep it unticked and include it in the particulars then, it's been a while since I've used MCOL forgotten what it looks like

[Amethyst]

Re: Help bringing small claim against caravan repairer

That is annoying isn't it. Can you leave it unchecked and just get in 'I also claim interest under section 69' ? ( not ideal but at least its in then to be expanded on later)

It is a pest not being able to look at MCOL without logging in - especially when they keep changing things.

[baggyboy]

Re: Help bringing small claim against caravan repairer

So below is what I've managed to squeeze in. I also missed a numbered point out 1st time round, so could you please check everything is as it should be.

My amount claimed is in the laid out boxed section below my particulars, so I hope I can skip that bit.

1. By an oral agreement on or around May
2015, the Defendant in the course of his
business agreed to carry out damp repairs on
the Claimant's caravan at a cost of £1600,00.
2. The agreement included an express term
that the damp repairs would be warranted for
a period of 12 months and it was an implied
term that the Defendant would repair the
caravan with reasonable skill and care.
3. In performance of the agreement, the
Defendant carried out repairs to the caravan
in May 2015. Following the Defendant's
repairs, damp tests revealed further damp
which was present on or around the areas
repaired by the Defendant. The Claimant
attempted on several occasions to contact the
Defendant to arrange further repairs however
the Claimant has been unsuccessful.
4. In breach of the express and implied terms
above, the Defendant has failed to repair the
caravan in accordance with the warranty
period and/or failed to carry out the repairs
with reasonable skill and care. The claimant
also claims interest under section 69.

[baggyboy]

Re: Help bringing small claim against caravan repairer

Hi,

I've just submitted the small claim. Thanks to all who helped me.

Looking at the defendant's address on the completed claim form, I'm now thinking that on the 3rd line down I should have put "T/A" before the business name, rather than after the defendant's surname. I'm sure it doesn't matter.

I will of course keep you updated on how things progress.

Thanks again
Mark.

[R0b]

Re: Help bringing small claim against caravan repairer

The address issue should be fine I think, the business and individual should still be identifiable which is the most important thing. Your particulars seem fine, the numbered points are not required but it makes it easier for the defendant to either admit or deny your claim, providing that he does anything at all.

[baggyboy]

Re: Help bringing small claim against caravan repairer

Hello again to all,

The defendant has yet to file a response..

With the date I can request judgment fast approaching, I would like help on my next move. Obviously, I must request judgment online. When judgment is requested does a judge look at the POC and decide if there is enough of a case to rule in our favour, or, does the fact we've had no response make it a win for us anyway?

Another point to mention, is I drove past his unit the other day. There was no one about, but he still had motorhomes outside and his sign was still above the door. Would it make much of a difference if he was in the process of moving premises?

Just the other day another disgruntled customer of his contacted my dad. He has also received no response from any contact made. I'm sure he will take action like we have.

Thanks
Mark

[ostell]

Re: Help bringing small claim against caravan repairer

Just request judgement on the MCOL website, I don't believe anything is looked at other than the no response. The defendant will be notified and so will you. I found that I had to contact the court to get a formal document of the judgement so that I could take it further for enforcement.

[baggyboy]

Re: Help bringing small claim against caravan repairer

Just request judgement on the MCOL website, I don't believe anything is looked at other than the no response. The defendant will be notified and so will you. I found that I had to contact the court to get a formal document of the judgement so that I could take it further for enforcement.

Thanks for the reply.

May I ask how you enforced the judgement? Would the high court be a good option, if so, is this straight forward to do online.

[ostell]

Re: Help bringing small claim against caravan repairer

In the end they paid up. I was going to go via high court if necessary and had to request a formal copy of the judgement that would have gone to the defendant so that I could take it to HCEO. If you look up the HCEO I did find some that take the whole process through for you, you just provide the copy of the judgment. Just search online.

[baggyboy]

Re: Help bringing small claim against caravan repairer

Thanks very much for your help Ostell.

Now I just need to decide what I do about the defendant's address with regards to Judgement.

[baggyboy]

Re: Help bringing small claim against caravan repairer

Hi,

I'm just about to get a judgement.

If you remember I didn't have enough room on mcol to put the interest down as they laid it out. Instead I just put it at end that we claim interest under section 69.

As long as I am entitled to, is it best to claim interest from the date of judgment or issue?

[R0b]

Re: Help bringing small claim against caravan repairer

Interest would be calculated as the judge sees fit, you could request interest from the date of the claim being issued.

[baggyboy]

Re: Help bringing small claim against caravan repairer

Thanks rob.,

[baggyboy]

Re: Help bringing small claim against caravan repairer

Hi,

I entered Judgement last night. On reading the judgment in pdf form this evening I notice that there is a ticked box next to "The defendant has not filed an admission". Which is correct so that's ok.

But there isn't a tick in the box next to where it says "I confirm that particulars of claim have been served on the defendant in accordance with the rules".

When I was filling in the form online I don't think there was an option asking me to confirm that the particulars have been sent to the defendant.

Am I right in thinking that box is there for claims not done online, or maybe if serving extra particulars.

Need help from someone who has gone through the process on MCOL before I think. I just worry incase I've got something wrong.

[baggyboy]

Re: Help bringing small claim against caravan repairer

Hi,

Judgement has now been entered , and payment requested forthwith.

If we choose the high court enforcement route. What would happen if the debtor paid during the transfer up process.

We are choosing a hceo who would carry out the transfer for us.