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HOLA441

Just to finish this one off for sake of completeness.

Represented myself in court yesterday. Hearing from10am until 4:45pm.

Judge was fair and through.

I won and was awarded claim plus costs totalling £10,076.

Just got to get the money now!

Congrats, how much was the claim and cost parts?

Did it effectively incurthe defendants a considerable extra cost?

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HOLA442

Thank

Congrats, how much was the claim and cost parts?
Did it effectively incurthe defendants a considerable extra cost?

Thanks.

The original claim was for £4666-66. I had incurred costs of just over £1500 which the judge allowed. The report was paid jointly so I get to recover all but about £200 of £3100. Court fees were £85 and £335.

I then asked for travelling expenses and interest. Total award = £10,076-66

He will have the other half of the report which was £2,400-00 to pay for.

I offered to settle for £7,000-00 quite recently.

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HOLA443

Well played on getting the judgement in your favour.

Self-representation in the more simpler situations (compared to a criminal trial of course!) isn't too difficult, just a pain in the royal and takes a fair amount of organisation and can be stressful, good for you that you've done it!

... now make the f*cker pay!

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HOLA444

Well played on getting the judgement in your favour.

Self-representation in the more simpler situations (compared to a criminal trial of course!) isn't too difficult, just a pain in the royal and takes a fair amount of organisation and can be stressful, good for you that you've done it!

... now make the f*cker pay!

Self-representation is often ok provided the other side hasn't got representation then it can be much harder. Not too bad for the county court but at the magistrates court lay justices, in particular, are very easily swayed by professional lawyers.

I do worry with this case that the defendant may go bankrupt before the OP sees any money.

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HOLA445

N323 would be for enforcement through the County Court (maximum value £5000).

High Court Enforcement is optional for judgment debts over £600 and is more effective. I'd recommend it over the N323 every time.

You don't need to do any forms yourself. There are providers who will transfer your judgment to the High Court and enforce it with only the £60 fee to pay up front. You'd have to pay that to do the work yourself so save yourself a job. If they do not manage to recover your money, they may charge another nominal amount but in the normal course of events, you get all the fees back plus your judgment debt plus interest.

They are authorised, willing and able to remove vehicles from outside a judgment debtor's house if that is all they can get access to ;-)

My criticism of the system would be that it should not be allowable for claimants to instruct HCEOs for default judgments - probably a lot of their work I would guess. The directly employed court bailiffs are often criticised for being either as soft touch or ineffective. Most of it stems from them assisting defendants to have judgements set aside but I suspect in many cases there is a legitimate dispute.

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  • 5 weeks later...
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HOLA448

I recently filed a small claims against a well known retailer because they wouldn't pay 1p and £4.01p change from 2 gift cards. They said I had to buy more stuff, and that they couldn't refund it because of money laundering rules.

They ended up sending me a cheque for £49.02 to get rid of me (and I got to keep the cards)

:)

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HOLA449

I recently filed a small claims against a well known retailer because they wouldn't pay 1p and £4.01p change from 2 gift cards. They said I had to buy more stuff, and that they couldn't refund it because of money laundering rules.

They ended up sending me a cheque for £49.02 to get rid of me (and I got to keep the cards)

:)

Yay!

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