Re: Small Claims

["tefxp" <tony.butler@xxxxxxx>]

Hi All,

I'm a n00b to this group, so hope you don't mind my chipping in my 2p
worth here.

I've taken someone to small claims before and it's fairly painless,
though you do have to be careful how yo approach it.

eg:, Do not say "<these are my demands>, you have 7 days to
reply or
I will institute legal action..."
and then take them to court when they have replied, but ignored your
demands - they have, after all, replied as you required them to!

You should instead say "you have 7 days to respond accepting one of
my demands/suggestions, or offer a viable alternative....otherwise
i'll slap you with a law suit you mother***er!"

Well, you get my meaning - make sure it's clear what is expected of
the other party within the required period of time, and always ensure
a signature is obtained for the letter, lest they claim they never
recieved it.

In my experience (and that of ppl I talked to prior to making my
claim), the JP's are sensible, down to earth ppl, and provided you
have followed procedure and seem to have made a reasonable attempt to
resolve matters, they usually come out with a fair decision.

The beauty of small claims is that the big company you may be up
against can employ all the fancy solicitors they want, but they will
not be able to reclaim the cost of them thru small claims.

Also, there are different levels of small claims, depending on the
amount sought - at the top level I think you get your day in court,
but at the bottom level, it's you, them & a JP talking it over...

HTH,


Tony.


--- In ukha_d@y..., "Brian G. Reynolds"
<brian.g.reynolds@n...> wrote:
> Hey thanks for this Mark, just what I have been told to de re NTL
cutting my
> phone off (still).
>
> They have made no attempt to contact me to resolve the situation
and as I
> have "loads" of dates/names/payment's on file I have a good
case.....maybe.
>
> B.
>
> -----Original Message-----
> From: Mark Hetherington [mailto:mark.egroups@xxxxxxx...]
> Sent: 10 January 2002 00:53
> To: ukha_d@y...
> Subject: RE: [ukha_d] Small Claims
>
>
> The following is posted without bias as to my own view of the
matter, merely
> a suggestion relevant not only to Kodak but any pursuance of a
court claim.
>
> May I recommend, anyone who is considering, or is in the process of,
> pursuing a Small Claims Track in County Court, first make adequate
steps to
> make an out of court resolution. The courts do not look favourably
on claims
> made without any attempt to settle between the parties beforehand
so will
> likely throw the case out rather than take the time to consider it.
>
> For this action I recommend a recorded delivery (or other guaranteed
> signature snail mail service) letter stipulating what compensation
you seek
> and a time limt before you take legal action (say 7 days). This
claim should
> be sent to both Kodak and their "agent" Link(?) and the time
period
elapse
> before you file a court claim. You should keep a copy of the letter
and your
> proof of posting. Royal Mail (or your preferred courier) will then
have the
> proof of signature (therefore receipt) should the court require it.
>
> The "forms" required for any ensuing court action are
downloadable
>from
> http://www.courtservice.gov.uk
and can be sent by post to the court
so there
> is no need to waste a trip to pick up the paperwork.
>
> HTH anyone for this or another claim.
>
> Mark.
>
>
>
> For more information: http://www.automatedhome.co.uk
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