Legal Advice Needed: Small Claims Process

[Bubbs]

Hi all,

For any of you who've read my chapel conversion thread you'd have spotted that I had a big problem half way through with roof trusses. The company designed them incorrectly and I lost £3.5k which has caused many subsequent problems.

I have an email trail showing that I was not to blame for this mistake and after some careful consideration I have decided I would like to go ahead and take this to a small claims court to try and recoup my money. £3.5k isn't a lot to some people but it's a hell of a lot to me.

I spoke to Hetzer at the BBQ and he talked me through the process but I was quite hungover and coming down from some chemicals... anyway I was hoping there was someone on here that was clued up on the process and what steps I should be taking to push this forward. Hetz explained that I needed to send them a "letter of intent" which I imagine I can get a template of online.

Anyway, any help would be appreciated. I'm happy to flesh out all the details on here so that you can all get a good idea on the case (if that doesn't negatively impact me). I have structural warranty insurance which covers legal expenses (hopefully) so hope it won't be too costly.

Basically looking for a step by step of what I need to do.

Cheers all,

bubbs
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Life begins at the end of your comfort zone.

[Rogerborg]

Sorry to hear this. It's covered pretty well here:

https://www.citizensadvice.org.uk/law-and-rights/legal-system/taking-legal-action/small-claims/

You're at this point:
https://www.citizensadvice.org.uk/consumer/taking-action-about-consumer-problems/legal-action/going-to-court/taking-court-action/step-one-write-a-letter-before-action/

You may want to see if you can slog through this as well:
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

If it does end up in court then the more documentation that you can produce to show that you've done everything reasonable to try and resolve it before then, the better. If they're real cowboys then they'll have no hesitation in denying your version of events or faking up an alternative history. Try not to rage-out if they do, just keep calmly asserting and documenting your version.

Best of luck.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[Bubbs]

[Rogerborg]

I'd keep checking for advice if you're in any doubt at any stage, as all I can speak to is going through the equivalent track towards the Sheriff Courts in Scotland many years ago. Things may have changed now or work a little differently in Walesland.

It never actually got to court (booo!) as they caved in the night before when I was still adamant that I was going to show up. I suspect they had no intention of showing and reckoned they'd get a default judgement anyway, plus my attendance costs. That's what you want really, to make it look cheaper for them to pay up now than later.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[Tracey Suntan-King]

I haven't read through Roger's links but one thing to ask is, are they worth suing? You may well get a judgement but if they've got nowt, you'll never collect.

In a small claim years ago, I got the court judgement (he had been paid to strip and rebuild a car engine and he just painted it), the other party didn't pay. Bailiffs went in and seized an old car and a goat (really) and some odds and sods. In the end very little cash came to me.

It was a moral victory though.
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Whether you think you can, or think you can't, you're probably right

[woo]

also if court wins in your favor and they take the piss paying you, you can apply for i think its a court Writ and have the court send their sheriffs to collect ur money for you or seize the company's goods to pay you back

These sheriffs have more power than bailiffs as they can force entry into business premises.

i learnt this from watching that sheriff program on the bbc its still on bbc iplayer
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