Results 1 to 9 of 9
  1. #1
    Tour Rookie spongebob59's Avatar
    Join Date
    Jul 2012
    Location
    Kent
    Posts
    1,473

    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
    Join Date
    Sep 2014
    Location
    Northumberland
    Posts
    7,211

    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, Ping Cadence Anser W Putter

  3. #3
    Tour Rookie spongebob59's Avatar
    Join Date
    Jul 2012
    Location
    Kent
    Posts
    1,473

    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
    Join Date
    Sep 2014
    Location
    Northumberland
    Posts
    7,211

    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, Ping Cadence Anser W Putter

  5. #5
    Tour Rookie spongebob59's Avatar
    Join Date
    Jul 2012
    Location
    Kent
    Posts
    1,473

    Re: Small claims process

    Thank you.

  6. #6
    Major Champion chrisd's Avatar
    Join Date
    Sep 2009
    Posts
    17,988

    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 !

    Handicap 12.0

  7. #7
    Tour Rookie spongebob59's Avatar
    Join Date
    Jul 2012
    Location
    Kent
    Posts
    1,473

    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
    Join Date
    Sep 2009
    Posts
    17,988

    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
    Challenge Tour Pro
    Join Date
    May 2017
    Location
    Yeovil
    Posts
    720

    Re: Small claims process

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

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Latest Golf News

New European Tour Event With Shot Clock On Every Shot

The 2018 Shot Clock Masters in Austria will feature a shot clock on every shot in a hope to cut round times by 45 minutes

October 23, 2017

Justin Thomas Wins Inaugural CJ Cup

Justin Thomas won his seventh PGA Tour title at the inaugural CJ Cup in South Korea

October 23, 2017

Sergio Garcia Wins Andalucia Valderrama Masters

The Spaniard edged out Joost Luiten to win his 14th European Tour title at Valderrama

October 23, 2017

Quiz Of The Week 20th October

Test your knowledge of this week in golf with our latest quiz!

October 20, 2017

American Golf Deals: The Best Current Offers

We check out the best deal that retailer American Golf currently have on their site

October 20, 2017