V8landy Posted February 21, 2013 Report Share Posted February 21, 2013 Hi, I am looking for advice on a claim I put in via the small claims court for damage to my property. Police said I have perfect evience for small claims after people i belive couse damage disputed it. I have had no reply and only a few days left before I can hit the "request judgement". SO what happens next? Ideal i guess is people send payment! But what if they do not? Quote Link to comment Share on other sites More sharing options...
aris Posted February 21, 2013 Report Share Posted February 21, 2013 Bailiffs. They tend to pay quickly after that. Quote Link to comment Share on other sites More sharing options...
bullet1747 Posted February 21, 2013 Report Share Posted February 21, 2013 I bought a pump for a citroen 15 years back from a firm called find a part ,they sent the wrong part so phoned them they said a courier would come and pick it up ,it did great I thought were is the replacement one,they said it will be with me the following day, two weeks later and a few phone calls they refused to give me the part and refund , i was fuming took them to the smalls claims, couple of months later I won the judgement but still not got any money back ,went back to the courts to see about the dept collectors to vist,was told it would cost me every time they vist the company FIND A PART and the chances of getting owt cause they were a limited company would be zilch ,all I'll say is it's a joke. FIND A PART stay clear Quote Link to comment Share on other sites More sharing options...
welsh1 Posted February 21, 2013 Report Share Posted February 21, 2013 If you get the judgement there are a couple of options, if the debt is below £600 then it will be County Court bailiffs who will cost you £111 if it is above that get it moved to the high Court cost £60. If you need a good Sheriffs Office as seen on tv, drop me a pm Quote Link to comment Share on other sites More sharing options...
aris Posted February 21, 2013 Report Share Posted February 21, 2013 http://www.guardian.co.uk/money/2010/nov/20/small-claims-court-enforce-judgment Quote Link to comment Share on other sites More sharing options...
V8landy Posted February 21, 2013 Author Report Share Posted February 21, 2013 . If you need a good Sheriffs Office as seen on tv, drop me a pm Not seen the tv thing you state. I have put in for £5,000 costs, so worth me spending a couple of hundred to get it. Will pm you, thanks http://www.guardian....nforce-judgment Thanks just see that myself Quote Link to comment Share on other sites More sharing options...
chady Posted February 22, 2013 Report Share Posted February 22, 2013 Well that don't sound good!! http://www.guardian.co.uk/money/2010/nov/20/small-claims-court-enforce-judgment Quote Link to comment Share on other sites More sharing options...
aris Posted February 22, 2013 Report Share Posted February 22, 2013 Well that don't sound good!! Why not? I suppose it depends on who you are taking to court. If they are unemployed chavs without a bean to their name - you probably won't get far. Otherwise, you stand a chance. Small Claims Court isn't expensive. Get the judgement - then decide what to do next. Quote Link to comment Share on other sites More sharing options...
kent Posted February 22, 2013 Report Share Posted February 22, 2013 Hi, I am looking for advice on a claim I put in via the small claims court for damage to my property. Police said I have perfect evience for small claims after people i belive couse damage disputed it. I have had no reply and only a few days left before I can hit the "request judgement". SO what happens next? Ideal i guess is people send payment! But what if they do not? Who decided against a criminal case for the damage? the officer himself? a more senior officer? or the CPS? was it accidental or intentional? A civil case isn't so expensive but time consuming and to be frank if we aint talking a lot of cost incurred not worthwhile as regards time and energy. I have a mate who will go for it over £10 but having been forced into action myself a few times I tend to view it as cost in time v benefit . Thing is we don't really want the cops shuving stuff towards civil courts if its able to be prosecuted criminally, hence my questions Quote Link to comment Share on other sites More sharing options...
al4x Posted February 22, 2013 Report Share Posted February 22, 2013 V8 there are a few things to think about and the main one is do they have the money. Getting the CCJ can be the easy part getting your money quite another, From the amount it looks like getting it up to High court and their sheriffs to enforce is the most likely to get you your money. If they are private individuals and they own their property it should be fine, if its a limited company then get a credit check on them first before spending more money. Assuming its individuals then I'd spend the money anyway if they had done that sort of damage to my property just to know I'd screwed their credit rating and given them a hard time form the bailiffs even if they got nothing back. I have used the moneyclaim online a fair few times now through work and it does seem to work well both as a threat and actually to get money but as ever if they don't have the money you still don't get it and court costs just add to what you loose Quote Link to comment Share on other sites More sharing options...
kent Posted February 22, 2013 Report Share Posted February 22, 2013 Filling in the forms, photocopy them and send the photocopy to the people with 7 or 10 days to respond in writing before issueing. Many decide to settle once its in the system they will make you wait- often settling before they go into court Quote Link to comment Share on other sites More sharing options...
welsh1 Posted February 22, 2013 Report Share Posted February 22, 2013 Filling in the forms, photocopy them and send the photocopy to the people with 7 or 10 days to respond in writing before issueing. Many decide to settle once its in the system they will make you wait- often settling before they go into court If you read the OP'S first post he has already entered a claim in the small claims court, he is asking what to do once he has a judgement entered against the defendant. Quote Link to comment Share on other sites More sharing options...
chady Posted February 22, 2013 Report Share Posted February 22, 2013 Read it again It's more expense at every stage and time and effort with very little chance of getting any money from it!! My x took me to small claims ant from me getting first letter to the day in court took 11 months lucky I won the case but every stage takes time and money I wanted to counter claim but parents told me not to bother just right every thing of as a bad dept and move on with my life Glad I did worse 11 months of my life never been so stressed in my life Why not? I suppose it depends on who you are taking to court. If they are unemployed chavs without a bean to their name - you probably won't get far. Otherwise, you stand a chance. Small Claims Court isn't expensive. Get the judgement - then decide what to do next. Quote Link to comment Share on other sites More sharing options...
V8landy Posted February 22, 2013 Author Report Share Posted February 22, 2013 (edited) Thanks guys. This a company I am claiming against, See post http://forums.pigeon...n/#entry2027490 I am claiming for £5,000 which is the cost for new electric gates (metal 13 ft wide, 6ft rising to 7f in middle), removal of posts and new build of 2 off 2ft x 2ft x 7ft brick posts with steel RSJ in middle . I have paid £100 already, and just checked my online claim and it says they have filed "acknowledgement of service" which mean they now have 14 days to submit their evidence as to why did not cause the damage. There is chance they dont do this and I still win by default, but looks like it will go to court hearing, which is fine as I now have cctv evidence to help the case. So another £100 for this, £200 thus far in a £5,000 claim back is OK. As for time, if it takes 11 months that's OK, I am paying out of my own money to get the gates rebuilt, if (when) i get the money back it will pay off. If it comes to it I will be going down the sheriffs route. ( thanks to you know who you are) As a final note, should I maybe email them back and say I have more evidence i.e CCTV and see if that spooks them? Edited February 22, 2013 by V8landy Quote Link to comment Share on other sites More sharing options...
welsh1 Posted February 22, 2013 Report Share Posted February 22, 2013 If you all end up in court both sides will have to disclose to each other so you will eventually have to disclose the cctv,but wait a while and see what they have to say first, they may drop themselves in it,it's like a game of poker,don't show your hand first,let them get all smug and self righteous and hit them when they think they have all the cards. Quote Link to comment Share on other sites More sharing options...
V8landy Posted February 22, 2013 Author Report Share Posted February 22, 2013 Thanks, just typing up my "defence" notes just in case. I am quite actually looking forward to going to court and giving my evidence! Quote Link to comment Share on other sites More sharing options...
Franchi Harrier Posted February 22, 2013 Report Share Posted February 22, 2013 (edited) Once you have obtained judgment, you can apply to the court for a third party order to freeze and obtain payment through the bank of the company. You will need to have the companies bank details. Easily obtained if they openly place their bank details on the acknowledgement page that the court sends them. This will only be successful in the event they are not currently in an overdraft. Otherwise, if they have very little cash to settle through that or bailiffs. It maybe possible to place a winding-up petition against them. This however is complexed and costly should this be your only option. There are many possible ways to obtain payment. In my opinion, people or businesses who fail to pay, may not be able to. Consider issuing the bailiffs (warrant of execution) for part of the debt. If they are able to collect this part in value. Issue the bailiffs again for part or the remaining. It increases the chances of getting back £1k rather than £5k of assets and their fees keep adding to the debt. More than happy to offer any further advise where I can. ATB Matt Edited February 22, 2013 by Franchi Harrier Quote Link to comment Share on other sites More sharing options...
welsh1 Posted February 22, 2013 Report Share Posted February 22, 2013 . Consider issuing the bailiffs (warrant of execution) for part of the debt. If they are able to collect this part in value. Issue the bailiffs again for part or the remaining. It increases the chances of getting back £1k rather than £5k of assets and their fees keep adding to the debt. More than happy to offer any further advise where I can. ATB Matt Why issue for part,go for the whole debt,if you recover part so be it,one order is all you need,use HCEO'S rather than bailiffs the writ lasts for a year and can be renewed,they are cheaper and have more bite especially for commercial premises. Quote Link to comment Share on other sites More sharing options...
chady Posted February 22, 2013 Report Share Posted February 22, 2013 Have you got there insurance details by any chance? And how clear is the CCTV dose it clearly show the truck causing the damage or just turning in your drive? Quote Link to comment Share on other sites More sharing options...
Thunderbird Posted February 22, 2013 Report Share Posted February 22, 2013 Why issue for part,go for the whole debt,if you recover part so be it,one order is all you need,use HCEO'S rather than bailiffs the writ lasts for a year and can be renewed,they are cheaper and have more bite especially for commercial premises. Listen to this, he knows whereof he speaks. I can personally attest to that. Quote Link to comment Share on other sites More sharing options...
V8landy Posted February 22, 2013 Author Report Share Posted February 22, 2013 Have you got there insurance details by any chance? And how clear is the CCTV dose it clearly show the truck causing the damage or just turning in your drive? I have not got their insurance details, as firstly they drove off with out informing me. I do not have the evience that says "they did it 100%" hence why police could not charge them, but i do have very strong evidence that " on the balance of probablity" they did do, which is what you need for small claims I have been informed.i.e as long as your evidence is 51% V theirs at 49% (at worst case) The CCTV only proves that they turned around in drive (backed up by my witness), As far as I can see all the compnay can only say is they (their driver) did not hit the gates/pillars, and they have tracking data. But i have witness that seen them in drive (but not hit), damage is very specific and only this type of truck could have cause damage, yes they do have tracking data (which I have copy of) but it only shows them at XYZ etc locations as it only tracks every minute, so there is a 59 second gap of time. Plus my new cctv data which shows them turn in from left which means they did turn around otherwise it would have had to show them turn in from right. plus they orginaly denied been in area until I found out who had car recovered by them and they gave me job card. So on ballance of probablity, does the above look like it is in my favour? Quote Link to comment Share on other sites More sharing options...
al4x Posted February 22, 2013 Report Share Posted February 22, 2013 Sadly I'd say if they march the driver in and he denies it along with tracking data and claim no damage to the vehicle then there is doubt there, at which point I can't see how they can award in your favour. If you look at it from the other party there is still a chance they had nothing to do with it, push it a bit though and you never know they may hand it to their insurers. Quote Link to comment Share on other sites More sharing options...
chady Posted February 22, 2013 Report Share Posted February 22, 2013 The Balance of probability worries me ! I am out my depth now But as it is you taking them to court it is you to prove that they did do the damage! Not them prove they didn't!! They did Deny bing in the area yes but will they just turn round and say a simple admin mistake happened and they didn't know they were in your area until you brought it up then they realised they were. I think it's obvious it's them and I hear all sorts of carp when drivers have an accident and yes I have had drivers completely deny having accidents when they know they have. I do wish you luck and all the best Tip try and work out there defence so you have answers to them and be straight and smooth my x changed her story several times and the judge hammered her for it and put her straight into place Surprisingly a small claims court is very informal on one respect Quote Link to comment Share on other sites More sharing options...
V8landy Posted February 22, 2013 Author Report Share Posted February 22, 2013 (edited) But as it is you taking them to court it is you to prove that they did do the damage! Not them prove they didn't!! I believe small claims is the other way round. They have to prove they did not do it. I only have to prove "on the balance of probability" that they did do it. Sadly I'd say if they march the driver in and he denies it along with tracking data and claim no damage to the vehicle then there is doubt there, As said, tracking data only says they where at XYZ locations, therefore they can not say they where not at location B i.e my drive/gates Tip try and work out there defence so you have answers to them and be straight and smooth my x changed her story several times and the judge hammered her for it and put her straight into place Surprisingly a small claims court is very informal on one respect Yes I have been through their defence in my head and can not see how it is stronger than mine. I have been told the "court" is just a few people and to treat it like a job interview. Edited February 22, 2013 by V8landy Quote Link to comment Share on other sites More sharing options...
welsh1 Posted February 22, 2013 Report Share Posted February 22, 2013 The small claim court is based on the balance of probabilities They probably had a vehicle in the area,it probably turned into the drive,it probably had to turn around in the drive,and the damage is consistent with that type of vehicle.And you can prove it turned into the drive,it was there they cannot deny that. They deny the vehicle was in the area,you have proof it was,so they lied. Probability. Quote Link to comment Share on other sites More sharing options...
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