Any experience of small claims court

[LV0210]

Hi there,

As part of a house renovation I was required to install a sprinkler. I contracted a sprinkler company do this but unfortunately they did not fit it properly and it resulted in a leak in my kitchen and half of my living room (open plan). After that incident they stopped replying to e-mails and phone messages bar one e-mail which said that they do not accept liability for what happened. I've started small claims proceedings and have just received an e-mail from their appointed Solicitor to say that they will be defending their case. Why I believe I have a strong case I feel nervous about going to court so would be grateful to hear from anyone that has been through the process and wouldn't mind sharing their experience.

Thank you!

[Monkey]

My husband had a very poor experience of the county court system recently. His father, a lawyer, says he would never advise anyone to go in front of a county court.

How much money are you trying to recoup?

[LV0210]

What happened to your husband that led him to have that view?

As for his Father, what would he advise instead of going through the small claims court?

?4.5k.

[blot20]

I have used twice as I had cast iron case both times with documentary evidence. Worked great both times - no appearance in court needed. Just filled in the papers, paid the relatively small costs which goes on the losers bill, and it got sorted.

[blot20]

Also worth checking if your house or contents insurance covers legal - my sister made use of that.

[LV0210]

Thanks blot20. What was the reason why you didn't have to make an appearance in court? For example, is it because the other side admitted fault and therefore paid up once they received the court papers or you settle outside of court.

[SLad]

It's a pretty straightforward process and there are lots of helpful guides on the internet. Just make sure you comply with any deadlines set by the court and ensure that you have evidence to demonstrate that there was faulty installation or a mistake on their part. If you are very keen to avoid any hearing then you can suggest mediation but you will need to be ready to compromise something in order for the mediation to be effective.

[LV0210]

Thanks for your reply SLad. I know the steps for the small claims court and know what to do. I wanted to hear other people's story of their experience, e.g. what was hearing like, what was the Judge like, did they have to enforce the judgement, did they win, etc. that sort of thing.

[apenn]

Had a very positive experience many years ago taking a landlady to small claims for keeping our deposit. I found the magistrate to be no- nonsense and very level headed. We got back 75% of our claim. Good documentation (e.g. All the emails, photos, and bringing someone as a reliable witness if possible are all helpful. Good luck!

[SLad]

Sure, and I acted in 100s of small claims hearings (5 a week at times) in my early career. My point was that if you meet all the deadlines and streamline your submissions and approach to what is needed to prove your case via the very helpful guides that are out there then you're already doing ten times better than most litigants in person and less likely to irritate the Judge. As for what the judge was like and whether other people won/had to enforce their judgments, I'm not sure how that would help you but probably best to try and id at least the court your case is likely to be heard in and the liquidity of your defendant e.g if you're likely to be in Wandsworth cc suing a company with a good balance sheet, you may well have a totally different experience to someone suing their builder in Lambeth Cc. Good luck with it anyway.

[LondonMix]

I made a claim via smalls claims court and the other side after initially saying the would defend, agreed to settle once they saw the list of evidence I intended to produce.

My brother in law has been twice because of inappropriate behavior by landlords and won both times.

If you can prove the installation is faulty (getting another expert to write that down), that the fault caused the damage and you can clearly document the costs to put everything right you should be in a very strong position. The burden of proof is much lower than in criminal cases so as long as the judge feels your more likely correct in your assertions than the defendant, you'll win.

If you are insured for the damage, your insurance company will handle the case for you typically so its well worth double checking your policy.

Good luck-- I hate scumbag firms that try to wriggle out of putting things right in these types of situations.

[LV0210]

Thank you so much for your replies! It is really encouraging to hear your experiences especially as you have managed to get the outcome you want.

While it is daunting to go through the process it is the way to go and I'll definitely take on-board your tips and advice regarding the documentation of the evidence and costs.