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Help needed in small claims process.
- V (9th Sep 2013 - 13:32:12)
Its a long shot but, I was wondering if anyone on here has been through the small claims court process. I wont go into much detail on here but I was wondering if anyone who has "been there and done that" would be able to help me complete the forms, its all new to me and I am concerned about doing something wrong as I have read that it can go against you.
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Re: Help needed in small claims process.
- Simon (9th Sep 2013 - 13:44:29)
I had to go through it about two years ago, did it all online through Money Claim:
www.moneyclaim.gov.uk/...
Was pretty simple and we received what we were owed in a few days.
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Re: Help needed in small claims process.
- tony (9th Sep 2013 - 14:58:33)
Hi, I worked in this area many years ago.
It depends a lot on what type of case it is and whether you are bringing the claim or defending. For example if defending an action there may be organisations that will help, or you may be covered by insurance (house insurance if neighbour dispute etc). In fact it is usually worth paying a little extra on your house insurance for Family Legal Cover (normally £20-£30 pa) which will both pursue claims or defend you against them in a surprisingly wide range of civil matters.
That aside, you can either visit a CAB for some free advice or go along to the court and simply ask at the counter for advice from the clerk in filling out the forms (highly recommended in any event). As a litigant in person, they are normally very helpful. Even the judge will take this into account and in my experience overlook or put right(in many cases) any simple and obvious errors or ommissions caused by your inexperience.
Also, in the Small Claims Court and as a litigant in person the judge will normally avoid any legal jargon and not expect you to put your defence in lawyers terms, just tell it how it is and ask for guidance seems to be the best policy.
One of the biggest thing to watch out for are time limits as they are quite strictly enforced (again enquire at the desk if you miss any, they are often appealable)
Don't be too worried as they know that this will all be new to you and costs don't normally mount up the way they do in open court. Good luck.
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Re: Help needed in small claims process.
- V (9th Sep 2013 - 18:04:52)
Tony, you certainly sound like you know your stuff! It's all quite confusing, is taking someone to small claims court the same as a money on line claim? Would you mind if the editor passed on my email address to you in order to have a chat and get your opinion.
Many thanks v
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Re: Help needed in small claims process.
- tony (10th Sep 2013 - 13:01:03)
Not sure I could really add any more to what I've said, I haven't practised law for so long, we didn't even use the internet, let alone online claims centres!
I guess the rules are the same or similar but without the human touch, to save costs to all parties and unnecessary travelling.
I would strongly advise you to visit the CAB for further advice or pop along to your nearest County Court and ask at the desk, hopefully they are still as helpful as I remember.
Guildford County Court is just off Mary road by the police station (behind the station), but they have them in most large towns. You can (or could) just walk up to the counter without appointment and have a chat.
Alternatively there may be a telephone helpline at the online claims centre, just tell them it's all a bit new to you, they should take you through it step by step.
Good luck.
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