Anyone used Small Claims?

Gray

FH is my second home
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Dec 25, 2003
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Since March i've been against a Trader who sold me a faulty fridge freezer which didn't work since the day i bought it, massive amounts of aggro in me trying to get a resolution has lead me to now go to the Small Claims Court to claim back my monies plus Claim charges.

The judgement has ruled in my favour because the trader has not replied to the courts or anyone else for that matter. Therefor he has to pay me - He has no other outstanding fines or payments against him (Done a background check) and it's been a week now and once again he is not playing ball.

After conferring with Trading Standards and the Courts, they suggest a Warrant of Control to get some enforcers out to his property and take goods to make up the value - When i read about this, it was my understanding that the charges for the enforcers would go ONTOP of what is already owed.

Confusingly though, when i've been going through it, the charge is DEDUCTED from what i am owed, so therefor i'm making a loss on it. This surely isn't right is it??
 

Nate

FH is my second home
Joined
Mar 13, 2004
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7,454
Did find this

A warrant of execution This gives court bailiffs the authority to seize goods from the defendant's home or business to sell at auction. There is a fee to pay (you will need form N323), which will be added to what the defendant already owes.
http://www.theguardian.com/money/2010/nov/20/small-claims-court-enforce-judgment
tldr rest of it. Sounds like if you get that form they pay for that too. It is 5 years old though

and this

www.parliament.uk/briefing-papers/SN04103.pdf tldr :D
 

Gray

FH is my second home
Joined
Dec 25, 2003
Messages
3,423
Yeah i did see those which made me think that the charges would be on the other party, but didn't work out when i was filling out the online form.

Sorted it now though, i was getting mixed up with charges thinking i had to put the amount the enforcers would charge, once i put it right the charges came up correct.

Shall see soon if it works out!!
 

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