How to start a SMALL CLAIMS court case - Guide to the money claim online system | BlackBeltBarrister
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- เผยแพร่เมื่อ 7 ส.ค. 2024
- If a court claim is not more than £10,000 it will usually be allocated to the small claims track. There is no "small claims court" but small claims are heard at the county court.
If you are owed money or something has happened that you want to claim money for, this video gives you an overview of how to use the online system for a small claim.
Court claims can vary depending on many factors, so I always suggest that you seek formal advice, regardless of the amount of your claim.
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I'm a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action.
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Thanks for your advice. Had my property returned to me.
Stan how? im the holder of a set of keys to my unfortunately deceased partner,only the chap who was the last person who saw him before he passed away ?,still has the keys given to me by the identical twin brother he gave the keys to me over the telephone the chap tells myself and the police? thetwin brother gave them to him no no no . My mind Mmmmmm.please stan how can i i have no money.police said get a solicitor.
Thanks for these great videos. Really helped give me the confidence to take my case to small claims court.
Booked some toddler swimming lessons for my son which got cancelled in the lockdown. The swim school flatly refused to refund me and pointed to a term in their T&Cs which said no refunds would be provided for lockdown-related cancellations. Customers could only accept the rescheduled dates they offered when lockdown lifted.
When I read it I was pretty the term was a breach of the Consumer Rights Act. Watched your video and submitted my claim.
The swim school fought it all the way to the hearing and then didn't show up. It took all of 2 minutes: judge agreed they'd failed to satisfy the contract and further agreed their term was unfair and therefore unenforceable, and ordered they repay me the money plus costs.
Court sent them a judgement and they paid the next day.
Really pleased the courts got my money back but really pissed at the provider that made me go through all that. Feel really sorry for all their other poor customers who were wrongfully refused refunds and are probably still out of pocket.
Next video: Group claims! Look it up 👍
I did this years ago in Scotland, 1994 . I had money (cash) stolen by a client, but I couldn't prove it, my employer didn't want to involve the police. But, they took the £ 250 out of my next months salary. So, I went to the local Sheriff Court house paid a small fee and lodged the claim. It caused lots of hassle for me at work, but they paid, including the fee. A good system and it works. I quite enjoyed the company directors squirming and hysterics.
Good for you.
Thank you for this information. Very straight forward clear instructions. I am suing the probation service for dragging me into court with false allegations on a summons, which was dropped by the court. They had no defence, no evidence and the court ignored the lies they had wrote on a summons. Disgraceful.
Good presentation, thank you. It would have been interesting also to hear how the process works after a claim is filed, particularly clarifying how the legislative aspect of case work is processed - does the court work out which laws are at issue with the claim, or does the claimant have to specify it themselves.
Thanks for the walk through explanation of the small claims process and the hope it brings to tackle certain types of issues. Excellent!!
Great stuff. Followed your advice and got our money and the application fee back before it had to go to a hearing. Thank you! :D
Big thanks for the very clear explanation of how to complete the paperwork for my Small Claims Case. For example, I fully understand, or near to, what the "Particulars of Claim" means and what I should focus on. This will help me present my case in a clear and concise way. You have a real skill, explaining in an understandable way, to the layman, what he/she should focus on and so put together an organised, balanced case. Much appreciated for this. BB
Straight foreward and to the point. Thanks for your help!
Thank you very much for your tutorial, couple of things, slightly confusing when you show American money when talking about English cases, (suddenly thought I'd gone to an American site. As you know how you tube likes to be as local as the rest of the world) and background sound overrides your speech level at times, which does make it difficult for me as I have slight hearing loss. Having said that, very informative, very useful thank you for your time completing this tutorial.
Thank u so much for this and for demystifying the process. Very handy and helpful.
thanks for taking the time to make this video. I'm going to try reclaim a payment gor items never received. Best of luck and great work 👍
Thank you so much for your information. It was really good to see in 'real video'.
Thank you very much. I just sent my online small claim. Thank you. I didn’t know it could have been done online. Thanks to you. I now know and did it 😊
Thank you 😊
Thanks for the informative video!
Thanks for this. You explain it so well
Thank you sir brilliant info n direction. Very useful 🗽
Thank you very much for this Sir very very helpful .
The music did get in the way though.
Many thanks all the best
Thanks really helpful video I appreciate the time it took to do it 👍
Very welcome!
Very useful video, thanks. Will the defendant have to pay back the fee if they are deemed at fault by the court?
I really like your videos 😊
Thank you for the great video, it’s really helpful. Is the box telling the court what happened limited to a certain number of characters? Are the detailed timeline boxes limited to a certain number of characters?
Thank you. I'm about to go through this process due to poor work from a builder. Very useful information and presented well. 👍
Thank you for the kind comments! More guidance videos to come shortly!
Did you get this sorted. We’ve come here for a similar problem
@@mrkay931 gave up in the end. Heard he shut down his limited company and saying he's bankrupt to people.
@@shehabmiah9952 heard that it is common practice. We are going through a case against a builder as well
This was very helpful thanks for making a video
Glad it was helpful!v Thanks for watching!
Brilliant helpful presentation. Would be even better without the annoying music. I’m interested in your words. The music is an unnecessary distraction.
Thanks really helpful, I would just turn the music and sound effects down a notch
What if the defendant refuses to share their postal address ? Would an email address suffice ?
@blackbeltbarrister The on-line small claims form requires their postal address which they refuse to give which stops the small\claims process in its tracks.
Thank you for the all your advise. Until you explained how to make a claim online I was going to give up and forget my claim with this company.
Glad it helped!
That's very helpful, I always wonder how it will look like
Hi thanks for very good informative video
Can you please make a video how to write a statement for court
Very Good Video - Thanks
Glad you liked it!
Really helpful video! I will need to do this as I’ve had my car at a garage for nearly 3 years waiting for an engine build. Multiple completion dates been and gone and still no end in sight. Asked for a completion date many times but no joy. Think it might be up to 8-10k if I take the car out of there and fix else where. Really don’t know what to do 😫
Thank you for the comprehensive information! Can I take advantage of the procedure if I don't have a UK address?
If possible, after the appeal is lodged, when the judge schedules a hearing can I not attend as I don't live in the UK?
Great video. What happens if the dispute they owe you money. Thanks
Very good video thank you I brought a PC from a large retail company both the manufacturer and the retailer for the past six months of his one year warranty I’ve been messing me around making promises that I’ve not kept can I claim for my money back plus compensation for all my time that they have wasted thank you very much
Hi BBB,
Useful video ! Only just seen your channel but I have subscribed immediately!
I'm a Leaseholder & Tenant (T)
I am currently being sued by my landlord (LL)
Claim is for unpaid Service Charges (SC) for more than one year Y1 and Y2
Q1. How does one move the claim from county court to the correct tribunal (Property Chamber) without incurring cost to D?
Currently the C has incurred all costs ie Issue Claim fee.
D has defended without incurring costs.
The CLAIM was first issued to court MCOL (Money Claim Online), defence filed in response, CBC moved claim from MCOL to CC (County Court).
I feel tribunal is where I want claim to be heard, the C obviously doesn't for reason the CC will not understand the technical nature of defence. Eg landlord fails to comply with contract machinery in calculating SC debt, not providing the SC information requested and what the difference is between each type of information.
I have various advice
...cost item : "D should file an Application Notice requesting judge transfer claim from CC to Tribunal and D pay fee"
...free item : "D should write a simple email to court email box, requesting judge transfer claim from CC to Tribunal?"...let the judge use his discretion to move to right jurisdiction for free
Q2. How does one work out what is the right court (county court vs tribunal) for a specific type of case eg debt matter, leasehold SC matter, leasehold property management matter, short hold tenant (renter matter) matter?
I am assuming CC (County Court) has "wide powers but not wide domain knowledge" while Tribunal has "wide knowledge but not wide powers". Where can I get definitive list to see for myself?
Thank you, much appreciated for help and general understanding of process.
Thanks for watching and subscribing! Please do get in touch if you need formal advice.
@@BlackBeltBarrister I woul like to make a claim against iw group which is regus office
For over payment
Can you help
I’m willing to bear the cost
For the timeline of events section, if I have extremely long back and forth with a customer service department, would I need to list the dates of all of those interactions? Or do I just need to care about things like when I paid them and when I failed to receive what I bought?
Thanks for the advice, really useful, I hate being bullied by big corporations, time to fight back
Can you take the builder to small claims court twice. One for getting your initial deposit and one for workmanship
Thanks for advice.
Will a snag report from a RICS surveyor be helpful to evidence the defects?
Thanks
Another tip, when making a claim against a retailer make sure you make it against the legal entity and not the trading name...I fell foul of this
Thank you for the video. I am a freelance videographer, a client of mine who I had worked with for years owes me nearly £3k and hasn't paid me a penny since last year. I sent him an email breaking down all what he owes me in October 2022 and sent him a few follow up emails this year but have heard nothing back. Is going through this process the right thing to do or is there another way that would be better for this situation? I haven't yet told him that I'm looking to pursue legal action.
Thanks for this advice. Is it possible to place a small claim against an airline that is outside the UK but has offices in England. I live in Scotland btw so is the process different?
Hi there . May I ask what happens when you win what do you do next . Thanks very much .
Hi. Thank you so very much for detailed step by step on Small Claims process. I am self-employed. Negociated from 3 to 2 months notice. Practice did not pay me for May and 2 sessions in June. Claiming that I breached contract, because they organised cover before my leaving date, two Tuesdays sessions, but I was expected to do the Saturday (last one). In my view they broke contract with me. Not notifying me that someone was starting/ taking over earlier. Plus had the businesses owner being very abusive (professionally and personally)in a WhatsApp msg. Which made me very upset. Even more because was a "excuse" for not paying me. Do you think I have a case? Many tks.
Hi Daniel, can the small claim be used against someone who has scratched my car? I have few proofs like cctv (even though the face is not clear). The damage is around 700.
Thanks
When responding to a small claim online can I go back into it to add, amend before submitting. It isn’t clear on the website if you have to submit the response first time or if you can go back.
6:03 One more question, should the costs be listed in chronological order or by amount, largest first?
Hi can you help? I purchased a tailor made sofa L shaped, that was not made correctly ie seating is not evenly split. Height should 18in but is actually 15in with over stuffed seating cushions that don't stay flat, unless squished down. The cushions length is actually 4 ins longer than the area its supposed to lie flat in, l think it is meant to bulk up the seat and give the extra 3ins in height in foam (hope that makes sense). I have spoken to the owner who said he would come and take a look, so far he hasn't called. Can l take him to small claims?
I paid a bathroom fitter to do my bathroom in Dec 2021 and he didn’t tank the shower or use moisture resistant plaster board which has been part of the building regulations since 2018. In my opinion he has used materials that are not fit for purpose, hence being made into a building regulation. Firstly this is worthy of a claim isn’t it and secondly, could I claim for the full £9,000 I paid him or should I deduct the cost of the fittings etc?
Thanks for these videos, they really help. I live in Dubai but I have a dispute with a UK company that didn't provide an online financial service I paid them £6,500 for , they just blank me, can i take them to the UK small claims court?
Can I use this route when I've ruined 3 tyres and a wheel on my local roads to get my money back from the Council?
Can you please provide a hyperlink to commencing a small claim where you provide the particulars of your claim within 14 days of filing your claim? You referred to it towards the very end of your video. Thanks
I recently were not able to go on my holiday because the HM passport made my in date passport invalid and as a result I missed my holiday. I do not have an insurance that covers for this - can I make a small claims against the HM passport to get my holiday cost back?
Ive been paying building insurance on a property and the leaseholder is supposed to pay back half as its for 2 flats, one of them his and one mine.
He wont give his address to me and his property management agent won't give me his address due to gdpr.....All I have is an address from 10 years ago that he has I think moved from, the letting agents address and an email address....What can I do. Anominity seems to give people a way out of paying anything.
Can you do this against a council? For a PCN that they keep refusing to say they were wrong even though they have no evidence etc
Hi, this was really helpful, but can I do this for a holiday we where unhappy with?. I have already been down the route of completing to them and they have come back with an offer which is really Unacceptable.
Do I have to include the evidence at the claim stage? I have started a paper based claim because of unspecified damages, provided a particulars of claim but witheld the evidence because it's supposed to be "brief" and there are 40 pages of emails and documents.
I have just had one of these claims filed against me!! Back in 2018 I was involved in a RTA where the car behind crashed into me. At the scene he admitted responsibility and gave me his details. I put the claim in, he admitted fault and I was awarded the claim.
Now in 2021, 3 years later, I have received a letter saying the same man has put a claim in against me for the cost of a replacement vehicle, stating that I crashed into the back of him (which did not happen) 2 weeks after the date of the actual RTA that he admitted to.
I have all of the info from my claim in 2018 including all emails to and from my legal representative and the claim notification form etc.
My question, do I need to seek and pay for the advice from a lawyer to deny and defend against this false allegation or can I submit my evidence by myself?
thanks for your help
How did it go for you Peter?
So would this be the form to use to file a law suit against con-edison?.
Hi, very useful videos, thank you. I have a dispute with my landlord over council tax responsibilities. Sure you said you would detail tenant / landlord issues in another video, but i cant find it. Please advise. Appreciated
Yes I will do some on Landlord/Tenant soon enough!
thanks for advice on here i have now followed you advise on here and submitted a claim.
i just hope i have done it right the problem i have is with a garage i bought a car from them returned after 7 days because it was not roadworthy & they won't give me my money back.
the garage address is completely different to the company that has been paid out from my account i hope i have done the right thing by putting the company that the money went to on the court paperwork.what do you think?
I got a notification. Yay 🙋🏻🙋🏻🙋🏻🙋🏻🙋🏻
YESSSS!!!! 😄😄😄👍
@@BlackBeltBarrister have you created a system where I can purchase all of the videos you have created for TH-cam either by downloading or by dvd,, I just worry that one day you get banned for telling the layman too much and all the current downloads I've got through yt will disappear it's a clever little app,, I have never had such a concise amount of legal information in on place, I love listening to you, I've been fascinated by law since I was young but never had the opportunity to get into it professionally, still catching up with your videos I've missed ❤️👍
@@robmarrin6720 would people really buy it?? 😁
@@BlackBeltBarrister yes absolutely many people in the eighties bought the book readers digest, you and your rights, my dad did and I was reading it from around 13, why not recreate that book for the law today ❤️👍
@Rob Marrin Thanks, I'll give it thought!
How long should I wait after I have sent notice of intent to claim to the opponent before I continue with online claim?
Thanks you
can I make claim against Samsung? my Samsung fold 2 display get defect by the hinge( caused ink bleeding in display).instead of repair it, they put blame on hair line on camera glass and 2 very small scratches, who can guide me how to du that in Germany?
Hi I have put a small claims through this system and they come back taking no responsibility for what I’m claiming for. I have now said I would mediate, but also want it to go to court. This is all about a car I bought on finance and had problems from day one and 5 months later still trying to get the car returned. The car was checked over and reported on by a company and showed up various problems. But I want to return it as it’s been just so stressful. Any thoughts what I can do?
Would it help at a claims hearing if I point out that the company I am suing have ripped off many customers using the same MO or method ? Thank you.
Hi quick question i sold a car privately on facebook just mentioned the specs and brief discription to why am selling the buyer came checked and drove the car and bought it next day buyer says gearbox gone also saying trading standards and action fraud saying i scammed her and shes taking me to court what can i do the car was fine whem i had it
Do I need to write a Letter of Claim or a Default Notice before I start my claim ? Thank you.
Yes I like these videos because they explains how the process of the application. However, there are these companies that use bad practices that exploit by using the small claims process. They use bad practise malicious sales, fraud, high pressure sales ploys which a well informed person would have a defence. However, the people they target elderly persons, people impaired ability/disabilities, learning disabilities. I can see the reason for making the small claims court more robust and inexpensive but unless the claim is going to be escalated to the high Court if necessary, or to make a point then its a "pantomime " it's not serving the reason it's intended
Hello , Can I claim my transport expenses to the garage, if they kept my car for 3 months without fixing it?
Hello Daniel. I am desperate to know if i can make a civil case/my own case regarding landlord/housing issues, a tiny bit of advice would be so greatly appreciated
I have just started a claim but have found it's only applicable to England and Wales. How do people go about this in Scotland? thanks
What happens where ongoing loss of earnings increases a small claim beyond the £10,000 limit ?
Can I make a small claim if its about a seriously faulty car sold to me by World of Cars where after 70 days no resolution to my complaint has been resolved. Car was found to be faulty within the 6 months warranty but they refused to repair except via warranty with no guarantee of payment to garage who carries out repairs and they can dispute after repair completion. Have gone to Motor Ombudsman but could take another 6 months before they mediate. I want a full refund plus compensation etc. How should I move forward.
Hi i want to file a case against my internet service provider where can i file this and can i hire any lawyer service for that as i was new to this country, and i don’t know any law proceedings.
Please help….
How will the person making the claim know when the dependent have sent the (response pack) Because I am still the point of not understand what to do, basically I filled the online form in, then paid the fee, I had a response from the company but it says nothing to do with the (response pack) so I am guessing they have not filled it in yet...
Hey, i wanT start a BPO centre for Legal Assist( B2B2 energy claims) COULD YOU PLEASE SHARE SOME INFORMATION ABOUT THIS PROCESS...
Hello! I have recently bought a subscription Business level to your channel and I was wondering how you take questions. Do we ask them in the comments in general or is there a select place? Love your videos by the way, very informative!
Ask away!
A customer filed a charge back after receiving an item ordered on our website. We filed a small claim.
A CCJ has been issued to that customer. Could you please advise what is the best action to take? One option is to send bailiffs to collect payment, but I believe that customer is not at that delivery address anymore as she did not respond to court order.
Thank you.
@@guangmingsong8953 Please contact us on clerks@ShenSmith.com - we can probably help for a fixed fee.
This is useful - but the background music was too loud.
Hello can some body help me i made a claim on the second page and its more than 14 days the deadline was couple of days ago do i need to wait for a not-her 14 days
Do you have a video guide for a claim against a previous tenant who trashed the place and stopped paying two month before the end of the contract.
Can one party decide to present evidence via letters/email or must all attend court
If the court finds against the defendant but he refuses to pay what happens then as I'm assuming this is a civil matter?
Pretty sure you have to apply to the court to seek enforcement of the debt if theyre still refusing to pay
Good day. I want to lodge a claim against a motorvehicle parking company that returned my Hire vehicle damaged. I live in South Africa. If i am to attend a court hearing I will need to fly to the UK. Can the travel costs, flight and accomadation form part fo my Claim Amount? Thank you
Excellent presentation which has fully explained the small claims procedure, i do just have one question, i have sent a pre action letter via email and by post, he has replied to the email disputing everything but the letter has come back as not known at this address, the address in question is as advertised on his website also shown on the quote and was displayed on his business board placed outside my house during the work ( Building work), as i cant at present get any acknowledgement from the address of his business can i still raise a small claims against him as i worry it will not be classed as officially received, i also think he is doing this to stop any proceedings, the address in question is a building which acts for numerous business so i believe its just a PO Box etc but I'm not sure, its definitely not his home address or his actual day to day location but just a address in a local building which he uses as a trading address. How does this situation affect my raising a claim, Regards
Further update, I have today been to the address advertised on his website etc and he is not registered there and no one has heard of him and his company, he is still trading but as i don't have a proper address other than what he is advertising ie wrong, can i still raise small claims against him to the address i have or do i need to try and track him down
Great advice!
I am a landlord and have forfeited a commercial lease through a peaceful re-entry. Tenant left the building unlocked for 2 days. I requested an inspection of the property according to the lease which he had denied and this was a breach of covenant as per lease clause.
Now the issue is that the tenant has not paid 12 months rent, and has damaged equipments in the property which were belonging to me.
I have sent a demand notice to the names of Tenant and Guarantor (Son and Dad).
My question is;
1: Can I put both tenant and guarantor's name in the claim?
2: I have got quote from the supplier for the damaged equipments. Can I attach this quote with my claim for the loss?
Kind Regards,
Please do contact us at clerks@shensmith.com - we have experts that can assist.
Can you claim if you aren't sure of the other partie's address?
@ 8:50 - When do you send your evidence to the defendant?
Hello. Can small claim Form against a public body ( Institution), please? Thank you.
Thank you for explaining the process, please may I ask would you recommend using this service to sue the NHS for blatant discrimination and human rights violation, and preventing me from getting treatment following an inpatient minor surgery? They deliberately messed me around with the complaints process for a year and still done nothing!
What kind of blatant discrimination? What was the human right/ violation? You could get good compensation if you have evidence
Hi I sent a claim and they didn’t agree with my claim. They wanted to do mediation but no one called me to do this. The claim has stopped but I just sent a letter saying I want to carry on with the claim. It is over a 1000£ pound. What can I do if the mediation doesn’t happen.
*PLEASE HELP*
Hi i bought a car feom a dealership with 2 weeks warranty, the car been faulty from the very 1st day, they repaired the car but the problem still there, then a independent inspector came qnd sais yes the car was already faulty when sold ,they then sais we take the car and give it to bmw to repair but lied and still not fixed the problem if anything they made it worse, why say bmw looking at it then get some back st garage to fix it. The car was bought through a financial company, i have all the emails and all the evidence like the inspection.
Do i have grounds for a claim
Hello. Do l have to inform a company that I am applying to MCOL. Even though I have informed them of the my actions in a recent my letter of complaint?
Your letter of claim, if it gives the full details of the prospective claim and reasonable timeframe to respond, is usually sufficient.
Do you have a video on how to defend a claim against you?..
I live abroad. Will the judge do a remote session then?
If I make a claim against an organisation and they win, ie I lose my claim, what costs am I liable for? Thank you.
Thanks B. Can't believe you used to use music though haha
Hi, I watched this video several times because one of my joint tenancy moved out without paying the upfront rent and utility bills, I do not have her current address but I have her email, how can I make the claim to her
Can I use this against someone who is not lending me money