http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195812
I've used Small Claims procedure twice with success both times, but
neither got as far as court.
My first go was with my car insurance company 'holding my hand' -
apparently it had to be me making the claim.
The second instance resolved a hassle lasting several months. I went to
the Magistrates' Court and got the forms; explains everything, IIRC.
Just sending the letter to the 'dealer principal' stating what I was
seeking and my intention to use the Small Claims Court did the trick.
No solicitors; no fees; settled in days. Even if it went to SCC the fee
was not inordinate.
I fully agree with 'don't threaten anything you wouldn't do should the
need arise.'
Citizens' Advice Bureaux are very helpful too if you need reassurance.
HTH
Tony Wood
(from Linux PC)
On 01/12/11 21:47, hantslug@??? wrote:
> On Thursday 01 December 2011 21:14:39 Vic wrote:
>>> - threaten to sue their ass, mention the name of a good solicitor.
>> I have a maxim by which I stick: never threaten to sue unless you really
>> intend to.
>>
>> Aside from it almost always being a clear sign of someone with no legal
>> representation, it also means you've misunderstood the first rule of
>> courts: the lawyers are the only ones who win. If you go to court, you
>> will lose. It only makes sense if you end up losing less than you would
>> have done otherwise.
>>
>> As I've heard elsewhere, "a good lawyer can help you win in court. A great
>> lawyer will keep you out of the court altogether".
>>
>> If you do end up on the litigation path, I've found the Small Claims Court
>> to be most effective. And if you do end up in front of a judge, make sure
>> you've got all your data readily to hand[1].
> The real small claims court no longer exists. You have to go down the full
> application path and persuade the Judge when you go for directions that you
> should be assigned to the small claims track. And some of the civil
> procedure rules apply to such applications, when previously they did not
> apply in the small claims court, to which you could apply directly.
>
> It isn't just that a lawyer will almost always beat an LIP (Litigant In
> Person), a person of higher rank will almost always beat a person of lower
> rank, no matter what the case is. It isn't what is said that matters, it is
> who said it.
>
> The ranks, starting at the bottom, are:
> 1) LIP
> 2) Junior (barrister who has not taken silk) (Translating: who has not been
> elevated to the rank of QC (Queen's Counsel))
> 3) QC
> 4) QC regarded as superior (for any reason) by his fellow QCs and the Judge.
>
> I learnt this the hard way, appearing in the High Court as an LIP for three
> years. It has left me with a much better knowledge of the law and its
> procedures than I would wish to have. :-(
>
> I echo Vic's warnings. They may call your bluff. So don't bluff. And
> remember that litigation is a very, very expensive process. That £10,000.00
> legal cover that house insurers often package in with house insurance would
> barely get you as far as the courtroom door.
>
> Lisi
>
> --
> Please post to: Hampshire@???
> Web Interface: https://mailman.lug.org.uk/mailman/listinfo/hampshire
> LUG URL: http://www.hantslug.org.uk
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>
--
Please post to: Hampshire@???
Web Interface:
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LUG URL:
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