How to complain about a court?
How to complain about a court?
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CAPP0

Original Poster:

20,881 posts

234 months

Thursday 29th May 2014
quotequote all
Brief history:

- last year I took a business to the small claims court. Found in my favour. They were instructed to pay
- approx 2.5 weeks later still nothing, so I asked the court who said I would have to pay £100 for a bailiff's warrant (was under £600 hence no High Court option)
- I paid the £100 for the warrant
- before the bailiffs visited, the defendant paid the outstanding amount in full. I advised the court, suggested that they might want to cancel the warrant and return my £100, but no, they said they would pursue the defendant for it and then return it to me
- Bailiffs visited defendant. defendant says "but I've paid". Bailiffs say Oh, OK then, and leave. They tell me this. I explain the situation and they say OK, we will return and recover the rest
- this goes on all last year with me chasing regularly, by phone and eventually by signed-for letter, but nothing happened.

FF to today. Letter from the court. "The warrant has expired as it was issued over a year ago. The warrant has been returned to the court which issued it"

In other words, they took my £100, sat on their fat asses for a year and then said PFO. This can't in any way, shape of form be fair or correct? So, where do I go to sue (?) them for my £100?

dingg

4,566 posts

250 months

Thursday 29th May 2014
quotequote all
forget it and move on , its not worth the grief to you

3Dee

3,206 posts

252 months

Thursday 29th May 2014
quotequote all
BUT it's the PRINCIPLE!
They shouldn't be allowed to get away with it, even for £10

Go on, sue the Court.... Oh...hang on...this will be interesting (academically, you understand)

CAPP0

Original Poster:

20,881 posts

234 months

Thursday 29th May 2014
quotequote all
Yeah, part of me thinks that but if everyone rolled over for a ton they would be doing very nicely thank you out of us.

ORD

18,206 posts

158 months

Thursday 29th May 2014
quotequote all
CAPP0 said:
Brief history:

- last year I took a business to the small claims court. Found in my favour. They were instructed to pay
- approx 2.5 weeks later still nothing, so I asked the court who said I would have to pay £100 for a bailiff's warrant (was under £600 hence no High Court option)
- I paid the £100 for the warrant
- before the bailiffs visited, the defendant paid the outstanding amount in full. I advised the court, suggested that they might want to cancel the warrant and return my £100, but no, they said they would pursue the defendant for it and then return it to me
- Bailiffs visited defendant. defendant says "but I've paid". Bailiffs say Oh, OK then, and leave. They tell me this. I explain the situation and they say OK, we will return and recover the rest
- this goes on all last year with me chasing regularly, by phone and eventually by signed-for letter, but nothing happened.

FF to today. Letter from the court. "The warrant has expired as it was issued over a year ago. The warrant has been returned to the court which issued it"

In other words, they took my £100, sat on their fat asses for a year and then said PFO. This can't in any way, shape of form be fair or correct? So, where do I go to sue (?) them for my £100?
From what you have said, the Court seems to have sent around bailiffs. What more did you want? £100 doesn't buy you much these days. Get a plumber in...

Jasandjules

72,683 posts

260 months

Thursday 29th May 2014
quotequote all
Write a letter to the court manager.

CAPP0

Original Poster:

20,881 posts

234 months

Thursday 29th May 2014
quotequote all
ORD said:
CAPP0 said:
Brief history:

- last year I took a business to the small claims court. Found in my favour. They were instructed to pay
- approx 2.5 weeks later still nothing, so I asked the court who said I would have to pay £100 for a bailiff's warrant (was under £600 hence no High Court option)
- I paid the £100 for the warrant
- before the bailiffs visited, the defendant paid the outstanding amount in full. I advised the court, suggested that they might want to cancel the warrant and return my £100, but no, they said they would pursue the defendant for it and then return it to me
- Bailiffs visited defendant. defendant says "but I've paid". Bailiffs say Oh, OK then, and leave. They tell me this. I explain the situation and they say OK, we will return and recover the rest
- this goes on all last year with me chasing regularly, by phone and eventually by signed-for letter, but nothing happened.

FF to today. Letter from the court. "The warrant has expired as it was issued over a year ago. The warrant has been returned to the court which issued it"

In other words, they took my £100, sat on their fat asses for a year and then said PFO. This can't in any way, shape of form be fair or correct? So, where do I go to sue (?) them for my £100?
From what you have said, the Court seems to have sent around bailiffs. What more did you want? £100 doesn't buy you much these days. Get a plumber in...
What actually happened was: the bailiffs went, they fked up by not taking the right information with them, they had this explained to them and they were asked to go back, but they did fk all and then told me my time had expired. They have done nothing to recover a single penny, the money which I did receive came direct from the defendant before bailiff intervention.

I'm not new to PH, I understand the keyboard warrior culture, and I understand that you all feel jolly big and jolly clever for what you've written. I'll leave the thread here though just in case anyone has anything useful to add.

ORD

18,206 posts

158 months

Thursday 29th May 2014
quotequote all
CAPP0 said:
What actually happened was: the bailiffs went, they fked up by not taking the right information with them, they had this explained to them and they were asked to go back, but they did fk all and then told me my time had expired. They have done nothing to recover a single penny, the money which I did receive came direct from the defendant before bailiff intervention.

I'm not new to PH, I understand the keyboard warrior culture, and I understand that you all feel jolly big and jolly clever for what you've written. I'll leave the thread here though just in case anyone has anything useful to add.
I'm sorry for being rude.

I still don't really see what you think was do wrong, though. The debtor paid so there was nothing for them to do, right?

kowalski655

15,236 posts

174 months

Thursday 29th May 2014
quotequote all
But he hasnt paid the £100 Warrant fee,which was properly issued before he made payment but not via the court. The bailiffs should have gone back but didnt,ask the court the dates & times of the visits they made,if they sat on it for 10 months then they really should refund the fee
Sadly County COurt bailiffs are pretty much useless

bad company

21,920 posts

297 months

Thursday 29th May 2014
quotequote all
kowalski655 said:
But he hasnt paid the £100 Warrant fee,which was properly issued before he made payment but not via the court. The bailiffs should have gone back but didnt,ask the court the dates & times of the visits they made,if they sat on it for 10 months then they really should refund the fee
Sadly County COurt bailiffs are pretty much useless
I understand your point entirely.

You may find this link useful - http://www.justice.gov.uk/complaints/hm-courts-and...

JustinP1

13,364 posts

261 months

Thursday 29th May 2014
quotequote all
Sue the debtor for the £100.

Ask nicely first, then with threat of legal action.

He knows that you don't fk around, you do take him to court, and you do instruct bailiffs, so, this time, he'll probably just pay up. smile

CAPP0

Original Poster:

20,881 posts

234 months

Thursday 29th May 2014
quotequote all
bad company said:
I understand your point entirely.

You may find this link useful - http://www.justice.gov.uk/complaints/hm-courts-and...
Thanks, tat link may be useful, I'll try it.

The court in question have been spectacularly useless - they claim to have lost/not received letters on the subject even when sent recorded, because they can't determine who signed for them.