Anyone been successful in a small claims court?
- Thread starter algie
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jakarta
Well-known member
As above but just to mention one of the three times I have used the Small Claims Court was recovering a business debt for my Company so its not just for private individuals.
I seem to recall you can buy a 'How-to' guide in WH Smiths which makes the process quite simple, but no doubt you can find various websites.
Just keep a scrupulous record of absolutely everything to do with your claim including dates of correspondence. In two of the three cases they made such a balls of their initial 'defence' that they settled very promptly.
Good Luck!
- Thread starter
- #5
Cheers for the feedback.There was no witnesses around but i got the other person to write on a piece of paper admitting it was his fault.
I can't believe the insurance company has ignored everything thrown at them and now has to be settled in court.Hopefully the impact damage will back up my claim.
Next time i will protect my no claims discount and not be a tight git by saving a few pounds.
I can't believe the insurance company has ignored everything thrown at them and now has to be settled in court.Hopefully the impact damage will back up my claim.
Next time i will protect my no claims discount and not be a tight git by saving a few pounds.
Shouldn't have asked them to admit fault, this is probably the problem.
- Thread starter
- #7
No i reckon i did the right thing. He wrote down his reg and details and that he pulled out in front of me.He could easily change his story at a later date as no witnesses were around.
Read your insurance T&C's, they are all the same. Insurance policies say you must not admit liability, even if you believe it is your fault. That is what insurance companies have to sort out.
glasfryn
cleaning up cat sick
Wifey was but not until it went to court, but beware you have to fill a shedload of forms in and be sure you get them all exactly correct.
Thought you only lose 3 years no claims when you claim?
Yup, with the small claims court and a solicitor I sued a clown of an lettings agent who owed me a fair sum. And he thought he could hide behind his company and flee to Malta. The solicitor was invaluable, and was the key to finding out I could sue the person as opposed to his collapsed business.
Lenny Rider
Well-known member
- Sep 15, 2010
- 6,500
Yes twice, have been 'bumped' on funeral accounts, ended up going to court after protracted letters etc, and won each time.
Garage_Doors
Originally the Swankers
Correct, some companies are two years. You do not lose 10 years NCB for a single claim.
METALMICKY
Well-known member
- Jan 30, 2004
- 7,567
I could not comment on your case and your chances but but as a debt recovery manager I can give you some tips.
Firstly just write a polite but concise final letter before action. This should include a clear time frame in which they should respond and mention that you will apply for costs. Sometimes just the mention of court is enough to put the wind up people.
If that does not work you can use the claims on line on the HMCS web site. When it comes to the facts of the case you should put together a concise witness statement with just the facts and as RTA you should inc drawing of road layouts and car position. Stick to facts and I would not make a big deal of their roadside admission.
Make sure you do attend the court hearing well dressed and be polite to the judge. It's a civil matter so the hearing is informal and its not like the criminal court.
Beach Hut
Brighton Bhuna Boy
Yes due to a RTA which I won hands down as the person I claimed against advised at the hearing he was not the driver of which the adjudicator advised didn't matter whether him or his brother they admitted it therefore had to pay.
Chicken Runner61
We stand where we want!
- May 20, 2007
- 4,609
I won a RTA one and couple of money claims.
The RTA one I managed to prove that I didn't go through a red light but rather he jumped one!
Bit hard to explain on here but He had hit a car coming out of the same junction as me that was turning right. He hit it on its offside rear and side after me hitting him when he ran across me - I was going straight on. If he hadn't jumped the light there was no way he would have hit the other car on its side as it proved it was still turning. And in any case a green light does not mean go, but proceed if clear and it wasn't because I was still coming through and the other car was still turning right.
It took me ages to work out what happened as at the time it all happens so quick, but I did my Columbo routine and went back to the scene to suss out what happened!
Worth doing if you are unsure who is wrong as you see it differently from other positions. I even saw that the two sets of lights sometimes seemed to be on orange on one direction and green on the other at the same time which may have added to the problem.
The RTA one I managed to prove that I didn't go through a red light but rather he jumped one!
Bit hard to explain on here but He had hit a car coming out of the same junction as me that was turning right. He hit it on its offside rear and side after me hitting him when he ran across me - I was going straight on. If he hadn't jumped the light there was no way he would have hit the other car on its side as it proved it was still turning. And in any case a green light does not mean go, but proceed if clear and it wasn't because I was still coming through and the other car was still turning right.
It took me ages to work out what happened as at the time it all happens so quick, but I did my Columbo routine and went back to the scene to suss out what happened!
Worth doing if you are unsure who is wrong as you see it differently from other positions. I even saw that the two sets of lights sometimes seemed to be on orange on one direction and green on the other at the same time which may have added to the problem.