small claims court, not sure where to go from here.

C

creme egg

Registered User
Messages
66
Hi all,

Hoping I can get a bit of advice. I brought a dispute to the small claims court, and the other person did not show up, so the ruling was made in my favour. I was told by SCC to advise the other person of what happened. I sent a reg'd letter to his home address, but no one was in to sign for it, and no one ever came to collect so a month later it was returned back to me. I am fairly sure he did not collect the letter as he knew what it was. Has anyone any advise or perhaps been through something like this before? I am guessing I should just go back to the SCC and advise them what has happened.
Thanks Creme egg
 
CitizensInformation - Small Claims Court

The respondent does not reply to the claim

 The respondent has 15 calendar days to reply to the claim. Where there is no reply by the respondent, he/she is then held to have admitted the claim. The procedure is the same as if he/she had consented to judgement. The claimant swears an Affidavit of Debt and makes a request for Judgement and Decree. The Registrar will assist the claimant in this procedure. The Registrar will notify the respondent of the Judgement. The Respondent has 28 calendar days to comply with the judgement.
Click to expand...
 
Not strictly true.

You won't find any registrar willing to proceed after 15 days. They like to wait at least 6 weeks before proceeding.
 
ClubMan said:
Are you saying that CitizensInformation is factually incorrect?
Click to expand...

It may be correct in theory, but it did not prove to be correct in practice when I took an SCC claim against a retailer some years ago. The Registrar's office told me that they would not bother pursuing my claim as they had been unable to pursue similar claims against the same trader on behalf of previous applicants.
 
ubiquitous said:
It may be correct in theory, but it did not prove to be correct in practice when I took an SCC claim against a retailer some years ago. The Registrar's office told me that they would not bother pursuing my claim as they had been unable to pursue similar claims against the same trader on behalf of previous applicants.
Click to expand...

Why were they unable?
 
I am unwilling to outline the full story here just in case some scammer takes advantage of it, but basically the retailer exploited a couple of loopholes in Business name registration procedures to ensure that the entity running the business was not the owner of the stock in the business. The stock in the shop was therefore immune from seizure by official bailiffs.
 
I ran into the same problems myself with a claim I made. They made no response to the claim and when it came time to get a judgement the court would not proceed for the same reasons as alluded to by Ubiquitous. I know exactly what the retailer did.
 
You must log in or register to reply here.
Back
Top