Anyone been to Small-claims court?

Trojan · 04-09-2001 4:41pm #1

Hey guys,

I'm at the end of my patience with my last landlord/property manglement company. Myself and some of my previous housemates are looking into the possibility of taking them to court.

The issue is over our deposit. It's not that they want to withhold it, but when we talk to the manager he says that the owner needs to give him the money, when we talk to the owner he says that he has the money ready but doesn't know how much he needs to pay -- he's waiting for the manager to send him the info. We go back to the manager and he gives us the run-around again (he's a bloody snake of a character).

I wouldn't mind if they even said that we weren't getting *any* of it back, but this idea of telling us we'd get it and then withholding it has p!ssed me off rightly.

It's been 14 weeks since we moved out, and they promised us the deposit after 6 weeks "definitely, no problem". Fuck that!

So now I wanna see how much I can hurt these guys legally. I'd love if they had to travel up from Galway to Dublin, I'd only have to take a 1/2 day. This is about revenge as much as anything at this stage. I haven't quite gone as far as considering GBH, but lets see what another 3 or 4 weeks does for my patience.

So anyway, has anyone been to small claims court, especially over a dispute with landlord? Can you tell me how you got on, what your experience was, etc?

Cheers,
Al.

Xterminator · 04-09-2001 5:07pm

I suggest you smash all the windows, and slam his garden gate late at night. thiat alwys p****s em off!

Seriously though good luck. I've been in that situation before, and it took me 3 months before the witch sent me a cheque, deliberately not filled out fully.
Only for the bank were understanding , (cause me wages get paid in directly, and they knew they wouldn't be stiffed!)

X

"Man, you go through life, you try to be nice to people, you struggle against the urge to punch ‘em in the face, and for what?! For some pimply little puke to treat you like dirt unless you're on a team. Well I'm better than dirt ... well most kinds of dirt. I mean, not that fancy, store-bought dirt. That stuff’s loaded with nutrients. I …I can't compete with that stuff."
-Moe Szyslak

Victor · 04-09-2001 6:20pm

I haven't been to SCC, but it costs something like a tenner, you don't need a solicitor and cases are heard fairly quickly. They are held at a local level (much as District Court), so it is unlikely you will be dragging them up for a day in the 4 Goldmines (the Four Courts).

An alternative would be getting a strongly worded letter from a solicitor sent to both landlord and the manager (both as principal and as the landlord's agent).

Go to the Housing Department of your local authority and check if the premises is on their register of private rented accommodation (it's an offense if it isn't) - now that would be just.

Also are you claiming rent relief on you income tax (worth about £150 a year), if not claim it or threaten to claim it - it might get a reaction.

Originally posted by Xterminator:
I suggest you smash all the windows, and slam his garden gate late at night. thiat alwys p****s em off!

Great idea. That way Trojan leaves me alone for 3 months

(because he'd be in Mountjoy

). No seriously, while this may relive the stress, it just means you don't get your money back and you might end up in court.

Originally posted by Xterminator:
Seriously though good luck. I've been in that situation before, and it took me 3 months before the witch sent me a cheque, deliberately not filled out fully.

I understand that issuing an 'improper' or bouncing cheque is now a fraud offence.

Kill, kill, kill the laser mice.

Trojan · 04-09-2001 6:49pm

Cheers lads... any links btw Vicky?

Alo.

Lenny · 04-09-2001 6:57pm

SCC cost £6 and the maxium you can claim is £1,000

Victor · 04-09-2001 10:12pm

Originally posted by OJ:
SCC cost £6 and the maxium you can claim is £1,000

I think those figures have been updated.

Map of Court Locations

Condom, go to The Courts Service Web Page. Click on "Search FAQ" and enter "Small Claims", click on the link and away you go. You will then find some spam on the matter (

), including:

What kinds of claims can be dealt with?

The Small Claims Registrar will deal with consumer claims in relation to any goods or service purchased in which the amount of the claim does not exceed the sum of £1,000. Claims in respect of accident/personal injuries of for recovery of payments under a loan or hire purchase agreement are excluded but claims in respect of goods bought on credit are included. In short, claims can be made for bad workmanship and faulty goods as far as most everyday transactions for goods and services are concerned but not for debts or personal injuries. The person making the claim will be called the "Applicant" and the person against whom the claim is made will be called the "Respondent".

It may not cover you - best advice from a solicitor.

Kill, kill, kill the laser mice.

[This message has been edited by Victor (edited 04-09-2001).]

Trojan · 05-09-2001 12:35am

Ach, cheers Vict0r

That link is here btw.

It's not too much to post the important bits on here:

How do I make a Claim?

A small claim is made on special application form, which can be collected from the Small Claims Registrar at the District Court Office. You will be given assistance in completing the form. The fee (non-refundable) for making a small claim is £6.

What happens then?

The completed application form together with the fee of £6 should be lodged with the Small Claims Registrar. The Registrar will send a copy of the application form to the Respondent. The original application form will be kept in the office of the Registrar.

What happens if my claim is disputed?

If the Small Claims Registrar receives a notice from the Respondent disputing your claim or making a counterclaim against you the Registrar will contact you and let you have a copy of the Respondents answer. The Registrar may interview both parties and/or invite both parties to discuss the claim together with him/her to try to reach an agreement.

What happens if my claim is not disputed?

If the Respondent admits your claim he/she will notify the Registrar's office by returning the Acceptance of Liability Form. If within 15 days of receiving a copy of your application the Respondent does not reply then the claim will be automatically treated as undisputed and the District Court will make an Order in your favour for the amount claimed to be paid within a short specific period of time. If payment is not made within the time given then steps can be taken to have the Order enforce by the District Court. The Small Claims Registrar, if requested, will assist with the enforcement procedures.

If the Small Claims Registrar fails to resolve my claim what happens?

If the claim is disputed the Small Claims Registrar will attempt to bring about a settlement. If this fails he/she will bring the case to the District Court for a hearing. The initial fee will cover the cost of the Court Hearing.

If the Small Claims Registrar calls both parties to his office what will happen?

The meeting will be informal and private. The Small Claims Registrar will probably ask you and the Respondent to outline the facts. He /she may question both parties in an effort to clarify the issue. If an agreement cannot be reached the Small Claims Registrar may there and then fix a date, time, and location for a hearing of the claim before a Judge of the District Court. The date and time of the hearing and the address of the Courthouse will be sent to both parties by post.

Al.

[This message has been edited by Trojan (edited 05-09-2001).]

Anyone been to Small-claims court?

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