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Old 24 May 16, 01:47 PM  
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oO-Gemma-Oo
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Small Claims Court Questions

I've read on another post a few members have used the small claims court and wondered if any of them took an organisaton/company and I could ask a few questions? We can't afford to involve solicitors so we're doing it ourselves but I've got myself all confused
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Old 24 May 16, 05:12 PM  
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Sandieb
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I have for us and also for family including a couple of big high street companies. Happy to help if you'd like to PM me (I am out until later tonight so may not get back to you straight away).
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Old 24 May 16, 05:45 PM  
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I'm thinking about taking somebody through the small claims who drove through a red light into me. Minimal damage but about £300 worth. He wanted to pay me cash for the damage but kept fobbing me off with all sorts of excuses. My insurance company told me it would be classed as knock for knock as there were no witnesses and I would lose my no claims and my premium would go up. Even though I have texts and emails with him offering to pay me they said that it would not be enough evidence for his liability and his insurance company would contest it. It's not the damage to my car that has peed me off its the principle of it. I have let him know that I will be starting proceedings but he has chosen to ignore me. I just hope the text messages with him offering to send me a cheque(he lost his cheque book ) meet me and give me the cash (his dog had to go to the vets)will be enough to prove that it was his fault
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Old 25 May 16, 07:12 AM  
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Sandieb
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Do those messages say he will meet you or do you have texts when he says he accepts the blame. Just saying he will meet and give you money isn't as good - he could say he owed you for something else or he was going to buy something for you.

That said, a SCC would apply the test of reasonableness. If you had never met him before, why else would he be meeting you.

I think it costs about £40 for the court fees, which you can claim off him if you win.

You should complete the form and send it to him with a letter that he needs to settle within 14 days or you will post it to the court and he will also become liable for your costs. I have found that seeing the paperwork completed makes people think you are serious and address the issue as some people will threaten to do it but not then see it through.

Good luck
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Old 25 May 16, 08:30 AM  
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Thank you. I have emails with asking for pictures of the damage and a text message apologising and saying it was "just one of those things". I let him know yesterday that I would be starting proceedings and he said he really wants to pay me but had lost his job and is struggling. He has asked me to give him 3 months. I agreed but let him know I've got 3 years to file the claim. Watch this space.
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Old 25 May 16, 08:30 AM  
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This thread has been automatically closed as it has not been posted on in 365 days.
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