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  1. #1
    Journeyman Pro spongebob59's Avatar
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    Small claims process

    After some unsatisfactory work with a local trader last week , we verbally agreed he would remove the items he'd fitted and we wolf get a refund of the deposit we had paid.

    I've written this morning confirming our wish to take up the verbal agreement of the refund.

    Now I don't trust him so want to know what the process is if I need to escalate this up to small claims.

    Any tips ?

  2. #2
    Money List Winner Lord Tyrion's Avatar
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    Re: Small claims process

    I've done it with work before for customers who will not pay their bills. Very simple to do, all online. Unless the amount is high it will cost you about £25. Lay out very simply what has happened, what went wrong, what you agreed. Press send. The trader will then receive a letter from the court stating your claim and a time period in which they have to pay the amount claimed or refute it.

    Don't go flowery, don't go emotional, keep it to the point, keep it factual.

    Hopefully it wont get to that but as I say the process to start it off is very simple.
    Nike Covert 2.0 Driver, Nike Covert 3 Wood, Nike Covert 26° Hybrid, Ping G25 23° Hybrid, Cleveland CG16 Irons , Cleveland Wedges, Radius Classic No. 7 Putter

  3. #3
    Journeyman Pro spongebob59's Avatar
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    Re: Small claims process

    Quote Originally Posted by Lord Tyrion View Post
    I've done it with work before for customers who will not pay their bills. Very simple to do, all online. Unless the amount is high it will cost you about £25. Lay out very simply what has happened, what went wrong, what you agreed. Press send. The trader will then receive a letter from the court stating your claim and a time period in which they have to pay the amount claimed or refute it.

    Don't go flowery, don't go emotional, keep it to the point, keep it factual.

    Hopefully it wont get to that but as I say the process to start it off is very simple.
    How long would you give it before starting ?
    I've only sent the first mail today, is there a minimum time allowed for them to respond ?

  4. #4
    Money List Winner Lord Tyrion's Avatar
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    Re: Small claims process

    Personally I would give him two weeks to respond to your first letter. If that is ignored I would then send a further letter, by registered post, advising that if he does not resolve the situation then you will take him/her to the small claims court. Give a deadline to reply by in that letter. There is no hard and fast rule so you decide how long that would be, I'd say 7-10 days. You want to be reasonable and friendly for as long as possible before pushing the button.

    Firm but fair has always been our approach. Long enough that is reasonable, traders can be a little disorganised admin wise, but not too long to reply so that it is taking the Michael. The court will view that in the same way.
    Nike Covert 2.0 Driver, Nike Covert 3 Wood, Nike Covert 26° Hybrid, Ping G25 23° Hybrid, Cleveland CG16 Irons , Cleveland Wedges, Radius Classic No. 7 Putter

  5. #5
    Journeyman Pro spongebob59's Avatar
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    Re: Small claims process

    Thank you.

  6. #6
    Major Champion chrisd's Avatar
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    Re: Small claims process

    Ive done the small claims court a few times and it works ok. Keep good, accurate notes, photographs etc etc that will help if you end up in court as the defendant is likely to say that you have no case or are lying. Tell the builder what you are looking for from him and why you think it is owed and reasonable, give him a time frame that is reasonable to sort himself out but if you don't get the response you desire by the date you give him, then don't hesitate to act as he will be sure that you are serious and know what you are doing
    removed list of clubs as they change too frequently !

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  7. #7
    Journeyman Pro spongebob59's Avatar
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    Re: Small claims process

    Quote Originally Posted by chrisd View Post
    Ive done the small claims court a few times and it works ok. Keep good, accurate notes, photographs etc etc that will help if you end up in court as the defendant is likely to say that you have no case or are lying. Tell the builder what you are looking for from him and why you think it is owed and reasonable, give him a time frame that is reasonable to sort himself out but if you don't get the response you desire by the date you give him, then don't hesitate to act as he will be sure that you are serious and know what you are doing
    Think we're done talking to him after the abuse he gave myself and the wife last week.
    He came back to rectify the first fitting and did a worse just the second time around.

    We gave him a chance to correct the first fitting and in hindsight we should have just cut and run then.

  8. #8
    Major Champion chrisd's Avatar
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    Re: Small claims process

    Quote Originally Posted by spongebob59 View Post
    Think we're done talking to him after the abuse he gave myself and the wife last week.
    He came back to rectify the first fitting and did a worse just the second time around.

    We gave him a chance to correct the first fitting and in hindsight we should have just cut and run then.
    When I say " tell him" by email or letter is best anyway as you have a permanent record, giving the chance to correct his work is in your favour in the long run as he wont be able to claim that the work was good but you just don't want to pay up
    removed list of clubs as they change too frequently !

    Handicap 12.0

  9. #9
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    Re: Small claims process

    The fees and the process are explained on the government website gov.uk or which, citizens advice.

  10. #10
    Journeyman Pro spongebob59's Avatar
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    Re: Small claims process

    Have heard nothing back after an email and follow up letter by registered post, so looking likely to go to small claims.

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