Small claims advice

[TomEP]

I am going to small claims court next week to recover £300 from a well known retailer of solid wood furniture. I submitted my evidence in advance of the 14 days of the court date, they clearly reacted after they got this copy as I sent it to them. They have now written to me saying they have incurred £1700 of costs defending this so far.

Anyone know if I lose whether the judge would make me pay them their costs back? Seems a little excessive given they have probably written a few letters so far. I've read online different stances on this and I am having no luck speaking got the court about this and citizens advice just wasted 15 minutes typing it all down to tell me to call someone else!

[agtlaw]

Small claims court - legal fees are rarely awarded - typically if the other party acted unreasonably.

You may, however, be liable for court fees, witness expenses. See here:

http://www.justice.gov.uk/courts/procedure-rules/c...

[singlecoil]

You will not have to pay their costs.

[Eclassy]

No chance. Claimants and defendants try this on all the time. It is only in exceptional circumstances that a district judge will award costs over the basic county court costs. This isnt.

It isnt a small claim for no reason. In my my last county court claim, my costs i.e lost wages, research, telephone, printing, well exceeded what the county court awarded but one just has to accept that is the way it works cause otherwise, people will be bullied/scared into not making/defending claims

This is what this retailer is trying to do to you. Keep calm and carry on with your claim.

[TomEP]

Thanks guys, I suspected it might be scare tactics

[barker22]

Add that letter to your evidence, it is clearly an intimidation tactic

[G-Rich]

TomEP said:

I am going to small claims court next week to recover £300 from a well known retailer of solid wood furniture. I submitted my evidence in advance of the 14 days of the court date, they clearly reacted after they got this copy as I sent it to them. They have now written to me saying they have incurred £1700 of costs defending this so far.

Anyone know if I lose whether the judge would make me pay them their costs back? Seems a little excessive given they have probably written a few letters so far. I've read online different stances on this and I am having no luck speaking got the court about this and citizens advice just wasted 15 minutes typing it all down to tell me to call someone else!

£1700 to defend a £300 claim... I'd write back and suggest they ask their accounts dept to review their approach to customer service!

[ging84]

barker22 said:

Add that letter to your evidence, it is clearly an intimidation tactic

Might be worth putting a complaint in to the sra see if they consider it misconduct

[505diff]

Made of 'Oak' by any chance, as I had a problem once and after I mentioned the word court it got less friendly, however they paid up without going to court but tired it on big style beforehand.

[robinessex]

Funny. I won a small claims action, and the judge ask me if I had an costs to include. I didn't really, only about an hour filling in the form, and an hour in the couurt

[JustinP1]

agtlaw said:

Small claims court - legal fees are rarely awarded - typically if the other party acted unreasonably.

You may, however, be liable for court fees, witness expenses. See here:

http://www.justice.gov.uk/courts/procedure-rules/c...

This OP.

There's likely no witness expenses and no court fees, so nothing.

There's no definition of 'unreasonable behaviour' in the civil procedure rules, the Judge makes a call in each case.

I successfully claimed my costs on the small claims track at just above the amount stated there on a case, but the sum in total was £10,000, and many hours of work were demonstrated.

Whilst I was making representations for 'unreasonable behaviour' going back to the Defendant ignoring pre-action protocol letters, coming up with a Defence which was clearly to obstruct justice the Judge stopped me, as the simple fact that the Defendant pushed the claim to a hearing but did not turn up is enough to classify 'unreasonable behaviour'.

This also happened to a poster on here a while back who had an interesting case against an airline but did not turn up for the hearing. The court ordered the airline's costs against him.

So - whatever happens - turn up!

What is likely is that the furniture company are making a last ditched attempt to not have to turn up to court, as that will cost them more than the claim, win or lose. My guess is that they'll start negotiating with you now.

As long as the nature of your claim and your conduct is reasonable, then you have nothing to fear.

What's the nature of your claim, and the issues?

[James P]

G-Rich said:

TomEP said:

I am going to small claims court next week to recover £300 from a well known retailer of solid wood furniture. I submitted my evidence in advance of the 14 days of the court date, they clearly reacted after they got this copy as I sent it to them. They have now written to me saying they have incurred £1700 of costs defending this so far.

Anyone know if I lose whether the judge would make me pay them their costs back? Seems a little excessive given they have probably written a few letters so far. I've read online different stances on this and I am having no luck speaking got the court about this and citizens advice just wasted 15 minutes typing it all down to tell me to call someone else!

£1700 to defend a £300 claim... I'd write back and suggest they ask their accounts dept to review their approach to customer service!

If you do have to pay their costs, would you qualify for a free mirror?

[twokcc]

Dont worry they will negotiate before court hearing date. it will cost them more than £300 to be represented in court. Also did you buy with credit card if s0 can make then jointly liable. Did this with a computer when 3 years old. Defendant didn't respond until had to but Barclay card denied any liability till days before court hearing. Did a deal with defendant (for an amount less than my claim but plus costs)a few days before hearing-next day got an offer from Barclaycard to pay in full including costs. Would suggest that if offered a deal and cleared funds not in you possession still go to hearing and present written details of agreement it will then be recorded by court. If defendant defaults makes it far easier to recover monies owned,
HTH

[TomEP]

Yes it does happen to be made of oak.

I bought 3 matching items for about £1800. One of them a chest of drawers was faulty, basically wasn't stuck together at all so moved from left to right when you touched it. So they replaced it, 2nd set had exactly same fault. So on third set they said they would quality control it before delivery check it was perfect. As the delivery driver barrell rolled it end over end down my path I knew it would be screwed, which it was.

They refuse to deliver me a replacement but will refund it in full. This is no good for me as its part of a matching set. They sent someone to fix, said it was too damaged to fix. I have offered £100 for the item on basis it's not fit for purpose. They have offered to sell it to me for about £200 which I have refused.

[JustinP1]

TomEP said:

They refuse to deliver me a replacement but will refund it in full.

That's the key point where they've been unreasonable. This is the bit to underline to the Judge.

If they don't trust their stock and systems to be of adequate quality to be delivered to you in one piece then that's really poor.

How are they joining these items?

I guess like most cheapish furniture they are put together in the far east and shipped in containers, but I've still seen reasonable quality joinery.

I'd have actually given them two options, either they deliver me usable drawers or they refund the whole lot.

[TomEP]

JustinP1 said:

That's the key point where they've been unreasonable. This is the bit to underline to the Judge.

If they don't trust their stock and systems to be of adequate quality to be delivered to you in one piece then that's really poor.

How are they joining these items?

I guess like most cheapish furniture they are put together in the far east and shipped in containers, but I've still seen reasonable quality joinery.

I'd have actually given them two options, either they deliver me usable drawers or they refund the whole lot.

Yer I said that to them they can come pick up all the items then but they said it was outside their 7 day collection period for the other 2 items!

[singlecoil]

They will resist as far as they can and for as long as they can. Just keep going and you will win.

[JustinP1]

TomEP said:

JustinP1 said:

That's the key point where they've been unreasonable. This is the bit to underline to the Judge.

If they don't trust their stock and systems to be of adequate quality to be delivered to you in one piece then that's really poor.

How are they joining these items?

I guess like most cheapish furniture they are put together in the far east and shipped in containers, but I've still seen reasonable quality joinery.

I'd have actually given them two options, either they deliver me usable drawers or they refund the whole lot.

Yer I said that to them they can come pick up all the items then but they said it was outside their 7 day collection period for the other 2 items!

On the invoice/receipt you have, is the set outlined as a singular set, or three separate items?

[TomEP]

JustinP1 said:

On the invoice/receipt you have, is the set outlined as a singular set, or three separate items?

They are listed seperately so not actually part of a set but I bought three things from the same range so it would be logical that they are matching

[TomEP]

I won! Thanks for all the advice