Bill Dispute
- Thread starter JKBDIY
- Start date
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G
Goldberg
Not in this country.
The "Small Claims fast track" is not a court - it's the colloquial name for the County Court, which has a dedicated process for handling claims that are purely financial and that are small, where "small" is currently £5,000.
Do you mean litigation, or the clandestine deployment of four burly fellows paying a ungentlemanly twilight visit to the contractor?
If the former, please give an example of another option for claiming financial remedy where the matter is not complex and the sum claimed is no more than £25,000.
Its a small claims procedure in the County Court, mostly done by post but an appearance in front of a recorder or judge can occur if the parties fail to reach agreement.
The main feature is that neither side can claim any legal costs ( unless they have been vexatious ).
A Magistrates court deals with Council Tax non payments, drunkenness and most motoring offences.
One of my clients wanted me to join her on the bench but then we realised that I am not their current recruitment profile because I am white, middle aged and middle class!
Tony
The main feature is that neither side can claim any legal costs ( unless they have been vexatious ).
A Magistrates court deals with Council Tax non payments, drunkenness and most motoring offences.
One of my clients wanted me to join her on the bench but then we realised that I am not their current recruitment profile because I am white, middle aged and middle class!
Tony
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G
Goldberg
That had already been covered.
That's misleading - all of the applicant's court fees can be added to the sum claimed.
To name but a few...
G
Goldberg
You could ask me.
According to his profile, he is a wind up merchant.
If that is true, he is probably not really trying to help.
If it is a lie, well, then he is a liar.
Read the regulations, he has a leg to stand on esp as he didn't agree a price before hand, and regardless of whether they are invited or not, the regulations apply.
How can doorstep selling rules apply to a situation that does not qualify as doorstep sales?
Doorstep selling applies to cold callers or in other words: door to door salesmen.
G
Goldberg
They are made to apply by including the wording that makes then apply.
True, but they also apply to any contract formed away from the registered premises of the business or tradesperson.
I know it is an assumption, but I guess that when the installer picked up the phone and agreed to come and do the job, he was at his place of business.
Following your reasoning, any market trader would have to give you a cooling off period.
G
Goldberg
if you read the threads on these regulations you will see that they apply when the work is done in the customer's home regardless of where the appointment was made from.
There is no secure way of getting away from the regulations apart from asking the customer to sign a disclaimer stating that the work is an emergency requirement and the customer wants it to be done within the cooling off period. That would have to be carefully worded to have any chance of being effective. Since no legal work has been done on this topic there is no recommended format. Thats another thing the Association or the Institute should be doing.
Tony
There is no secure way of getting away from the regulations apart from asking the customer to sign a disclaimer stating that the work is an emergency requirement and the customer wants it to be done within the cooling off period. That would have to be carefully worded to have any chance of being effective. Since no legal work has been done on this topic there is no recommended format. Thats another thing the Association or the Institute should be doing.
Tony
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