Small Claims Court

[AliFlump]

I tried to purchase a TV from an internet seller, they have taken my money but i have not had the TV. I have contacted trading standards who have done what they can but have had no response from the company

They have said the next step is to go to the Small Claims Court.

How do i go about this?

[Oneeyedvic]

How did you pay for it? If you paid by credit card, call your credit card company up - they will refund your money.

[xrayspecs]

You need to go to your local county court and get a form. There is a cost involved, which is recoverable if you win, but if you loose (difficult to see how you would loose) you are liable for their costs as well. The problem is that a small claim is a civil action. Even if you win there is actually no legal precedent for making them pay back your money.

[AliFlump]

Paid on boyfriends debit card cos we dont have a credit card. i will go get a form, didnt know they weren't oblighed to pay you though. Thanks for your advice.

[acorn]

Yes. I went through small claims for an amount of �470. I was awarded the amount by the court and the �29 (i think it was that or �27 cant rememember 4 years ago) it cost me was added on. The person didnt pay a penny and I had no way of getting it. I could have gone the next step and asked for her wages to be docked but it would have cost me again and as she already had some debt I gave up. I thought at least with a CCJ against her name she wouldnt be able to get a loan but blow me, she did! So no I dont believe its worth any money at the small claims.

[jmahdavi]

even though you paid with your debit card, you may still be covered. If your debit card displays the VISA logo, then you should still be able to claim. VISA has strict rules in place to protect its card holders. So your if you have a VISA debit or VISA Electron card, then your first point of call should be your boyfriends bank. Hope this helps

[AliFlump]

thanks jmahdavi but it was a switch!!! Im still going to get a form and go ahead with it, its the principle more than anything they shouldnt be able to take �865 of our money and get away with it

[Miss Zippy]

Before you issue a claim in the small claims track, you should write a brief 'letter before action' to the proposed defendant outlining your allegations and stating that if they do not return your money to you within 14 days that you will issue court proceedings. The Courts can penalise claimants who haven't warned the defendant of the likelihood of court proceedings and given them a chance to settle (though I would guess in this case that the seller has had plenty of opportunity to settle as Trading Standards were involved). If you have no joy, then you can commence small claims proceedings by completing Claim Form N1 (Part 7) which can be obtained from your local country court or from the court service web site. You will need to prepare three copies of the form in total (one for you, one for the defendant and one for the Court) and get them stamed by the Court (you'll have to pay a fee of around �80 to issue the claim). The Court will send a copy of the claim form direct to the defendant. You can claim interest at 8% of the sum outstanding if you wish and you will need to include this in the Particulars of Claim section of the N1 form.

[jason1980]

hi try moneyclaim.gov.uk the UK's official internet small claims court from the UK courts