Small Claims Advice. How do I bring my own claim in the UK? 2015

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  • Опубликовано: 6 ноя 2024

Комментарии • 51

  • @TheProperPerson
    @TheProperPerson 8 лет назад +3

    One thing I've been trying to tell people here (in the U.S.) is to think of it as a learning experience. I like that you're trying to spread that message there too. The other thing I like is that you try to get people to think of it as business/entrepreneurial-like.

  • @santeyahgo
    @santeyahgo 7 лет назад +2

    I quite like what you are saying here, especially regarding why one would go to court. Thanks.

  • @breaker-one-nine
    @breaker-one-nine 7 месяцев назад

    Most of the party litigant "guides" are no good. You really need the books. The civil procedure one in England and in Scotland MacPhail's Sheriff Court Practice. I had read voluminous amounts of info on procedure in Scotland & felt like I knew nothing yet. Access to the books is very important. Game changer. None of the "guides" properly explain craves, condescendence etc. Best guide I've seen bar the books is the Scottish Land Court DIY guide, which isn't exactly the same as civil "simple" procedure but, it gives a good idea of what you need to do.

  • @isk8689
    @isk8689 4 года назад +2

    Brilliant,
    V kind
    May God give you long healthy life.

    • @RedwoodLegal
      @RedwoodLegal  4 года назад +1

      Thank you for your kind words! RL Team

  • @carbonicoyster5907
    @carbonicoyster5907 6 лет назад +7

    Thank you for sharing your knowledge.

  • @shakirathebudgie7271
    @shakirathebudgie7271 3 года назад

    Love this channel. I have learned a lot in the last hour. I am trying to establish whether a money claim for unlawful discrimination (solely for injury to feelings:) for £999 will always be allocated to the small claims track :)

    • @RedwoodLegal
      @RedwoodLegal  3 года назад

      Thank you for your feedback - but sole hurt feelings is difficult to claim unless it is an employment tribunal or disability discrimination or other specialist area issue. Not wise to pursue pure emotional distress claims in normal civili litigation. Usually bolted on to a main head of claim as an addition (like personal injury.)

    • @RedwoodLegal
      @RedwoodLegal  3 года назад

      I have done a video on emotional loss on the channel

    • @ClaySmith-dz8ej
      @ClaySmith-dz8ej 7 месяцев назад

      Hi, I went shopping at a Store, I left the shop after paying for the goods, I got in my van and left, within 5 minutes I had a police car with sirens and blue flashing lights coming down the duel carriage way behind me(I actually slowed down to let them past) little did I know they were coming for me, they pulled along side and pointed at me to pull over,I pulled over, I immediately asked what I had done, they said I had stolen Lego from the store, and I was seen running across the car park with the Lego, I got out the van, the police said something about "Pace" and they searched the van and I was detained for about 15 minutes (I was claiming my innocence all the time) after about 15 minutes and NO Lego found, they contacted the people using the CCTV, It was established I did not match the description of the Lego theif and the actual Lego theif was seen getting into a car, and NOT a van... I was shocked, furious,scared ,and humiliated all at the same time, I would like to bring legal action against the Store involved, my question is , do I use the Small Claims Court to do this?
      Any advice would be appreciated.

  • @oldsynth
    @oldsynth 6 лет назад +1

    thank you very much for this excellent video. I may have to make a claim against someone who has sold me an item privately (not on ebay) but never sent it to me after i parted with £330. I didnt expect the transaction to turn sour because ive had previous dealings with the seller. Im basically out of pocket now and no goods have ever arrived. The seller cannot provide me with any proof of postage and claims item was sent via royal mail tracked. Although my many requests for a tracking number have been ignored!!

    • @ryanwdavies1
      @ryanwdavies1 3 года назад

      Sorry to hear this is a popular Pay Pal scam

  • @kimballentyne9069
    @kimballentyne9069 3 года назад +1

    Thank you. I very much appreciate your advice.

  • @samsrandoms8437
    @samsrandoms8437 6 лет назад

    Good clip, are you meant to get your court fees always? I have had to defend a claim from a neighbour who was trespassed on my land and they sought a declaration of no encroachment, the judge made them withdraw it at the start of the hearing, also they admitted it in an email. I had originally asked the court to strike it out but they didn't. Then I had also asked them to but they didn't withdraw it. They also refused to do £250 local council mediation. So I won on everything, yet the judge said no costs, each pays their own side. I didn't even get, court fees, travel and witness costs back? I think it was in the wrong track too, it went on for two hearing days, and there were two experts. I am appealing, or trying to, not easy as a layperson. The judge wasn't very bothered and really wanted to just close the case. When you appeal from the small track and its allowed can I get my costs back?

  • @Phen0mable
    @Phen0mable 6 лет назад +2

    I need to find a good way to claim unpaid invoices for my work from employment agencies

  • @smac2142
    @smac2142 3 года назад

    hi would hmrc get a petition for my sequestration "rubberstamped" or would they have to provide the court with credible evidence? ta, stevie.

  • @londonrider3219
    @londonrider3219 3 года назад +1

    Thank you for your advice

    • @RedwoodLegal
      @RedwoodLegal  3 года назад

      You are welcome. Let us know if you want any improvements. Incidentally, we are thinking of setting up a sort of "radio show" legal surgery once a week and taking messages online to talk about certain topics. Feedback welcomed.

  • @sandrayoung336
    @sandrayoung336 8 лет назад

    Very informative! Would you mind if I ask for some advice on a case I'm taking to the fast track court, amount is £750? I don't mind paying a fee?

    • @RedwoodLegal
      @RedwoodLegal  8 лет назад

      Sure, shall we say £50 for a short call (under 30 minutes)? Email info@redwoodlegal.co.uk explaining the issue, Sandra and leave a number. All best Alex

    • @sandrayoung336
      @sandrayoung336 8 лет назад

      +Redwood Information hi Alex, I sent all info on the case to you yesterday, just checking that you received it? I also left my number on your answer phone, many thanks!

  • @IanMcFerran
    @IanMcFerran 7 лет назад +6

    £300 an hour! As an Advocate my advise is FREE and so are all emails and phone calls. Oh, and my success rate is extremely high in either representing the person or assisting them to represent themselves. I dread to think what the costs are for having this gentleman represent someone in Court. Is this what is meant by 'all being equal before the law'? What about those who get screwed over more than anyone else... THE POOR! Seems that only those with hundreds of pounds in spare cash can get help. Other than that, one has to represent themselves (if they have no money so make use of the EX160) or simply swallow their pride and put up with the crimes against them because they aren't rich enough to pay for a lawyer and not poor enough to represent themselves for free (EX160). Whatever happened to this country, that used to be known as 'GREAT' Britain?

    • @RedwoodLegal
      @RedwoodLegal  7 лет назад +3

      £150 an hour is our small claims rate. (And it can be as low as £100 or less for work done by support staff.) See the website, description box below and recent videos where this is all advertised. You appear not to have done your research before criticising this firm. You could very easily have done this - either by reading this site carefully or by simply asking me first on this channel, for example.
      It also appears you have not watched the entire video or actually read the description box below the video, which explains that at the time of recording the video we were considering offering a support service for small claims at £100 an hour. (We have since set up the service, as above, and have now been running it for over a year.)
      Please also have the courtesy to ask before you advertise you services and try to hijack this youtube channel and/or use it as a vehicle for soap-boxing.
      As a general note of advice, please be careful to check facts and look at the detail before presenting your arguments. These are important qualities in a lawyer.
      For those who have (quite reasonable) concerns as to the costs of using a lawyer for advice in a small claim, please see this video which I produced to help: "Are the legal fees going to Outweigh My Winnings?" We work on very small margins in our small claims service and we try and keep costs proportionate to the value of the claim. Indeed that is the model - and for those who cannot afford any or only marginal or nominal fees we can work on a no win no fee / contingency basis.
      ruclips.net/video/KhOsXD1d3Mk/видео.html
      Please do not hesitate to ask me for references and details of the cases we have been working with - I believe that we have in fact kept legal advice proportionate to the value of the claim. References and testimonials from these clients can be provided.

    • @IanMcFerran
      @IanMcFerran 7 лет назад +3

      Thanks for taking the time to reply directly - to be honest, I wasn't expecting that, so a pleasant surprise. Thank you. Never let it be said that I don't give credit where credit is due. Also, for clarity, the information you have given in your video is clear and accurate, so again, good job!
      However...
      ...The fact remains that those who can't afford to hear people talk can't access legal advice. Pro-Bono would be a better system, in my view. £100 is certainly better than £300 but it is still £100 more than free for what amounts to nothing more than talking. Nothing is actually 'done', not even a contract is signed. Most of the people I help are so desperate that they can barely afford a new pair of shoes. I personally can't turn people in need away simply because they can afford to listen to me after they have done most of the talking to tell me their case.
      Regarding your request that I "Please also have the courtesy to ask before you advertise you services
      and try to hijack this RUclips channel and/or use it as a vehicle for soap-boxing", I have to ask... where can people access my free services? Certainly not on RUclips. Unless people know how to access me (and no, I won't be accepting ANY referrals via RUclips as a result of this posting or any other posting on RUclips - just in case anyone 'out there' was wondering), there is no way for your viewers to be poached, which is what I assume you are alluding to. Speaking to people is free because it costs nothing to talk and/or listen. My services are charged if I actually 'do' something. Further, nothing I do can be construed as 'legal advice' or 'legal action', so your practice is safe.
      Yes, I did watch the video until the end and I did read the text below the video but none of what I heard or read made me feel that £300 or even something as low as £30, for example, was worth paying for if it was naturally free in the first place.
      That's my opinion, which I happen to be able to air over a public forum. If people are not happy with public responses to their public postings, they really shouldn't be making public posts. Advice is the result of forming an opinion - after hearing the client talk - and should be free. That is my opinion and advice, which you are welcome to have for free. (Sorry, that one was too tempting not to include).

  • @TheChrisjge
    @TheChrisjge 8 лет назад +1

    Very good and well presented advice.!

    • @RedwoodLegal
      @RedwoodLegal  7 лет назад +1

      Thanks very much - any improvements please do let me know.

  • @basit730
    @basit730 5 лет назад +1

    Hi, thanks for your information. Its very infomative.

  • @EARECRUITMENT
    @EARECRUITMENT 5 лет назад

    Hi Alex, bought a mobile phone on contract got home to find phone was broken, took it back the next day and the retailer accuse me of breaking it refusing to do anything about that, I have made an application and it says I have 14 days or the other party to reply, if they do not what do I do?

    • @RedwoodLegal
      @RedwoodLegal  5 лет назад

      Bring a small claim! One trick I sometimes use is draft the claim up and send them a copy and say if they do not settle you will issue it claim 14 days.

  • @ClaySmith-dz8ej
    @ClaySmith-dz8ej 7 месяцев назад

    Hi, I went shopping at a Store, I left the shop after paying for the goods, I got in my van and left, within 5 minutes I had a police car with sirens and blue flashing lights coming down the duel carriage way behind me(I actually slowed down to let them past) little did I know they were coming for me, they pulled along side and pointed at me to pull over,I pulled over, I immediately asked what I had done, they said I had stolen Lego from the store, and I was seen running across the car park with the Lego, I got out the van, the police said something about "Pace" and they searched the van and I was detained for about 15 minutes (I was claiming my innocence all the time) after about 15 minutes and NO Lego found, they contacted the people using the CCTV, It was established I did not match the description of the Lego theif and the actual Lego theif was seen getting into a car, and NOT a van... I was shocked, furious,scared ,and humiliated all at the same time, I would like to bring legal action against the Store involved, my question is , do I use the Small Claims Court to do this?
    Any advice would be appreciated.

    • @RedwoodLegal
      @RedwoodLegal  7 месяцев назад

      The courts accept that the police do make mistakes and would be reluctant, in minor cases, to judge for you in a county court claim, in my view. Moreover, prosecutions against the police are notoriously complex.

  • @j.e.7028
    @j.e.7028 7 лет назад

    i paid a deposit of a £1000.00 I couldnt get access to collect and she sold the item..it may not seem a lot but it is a months wages...no protection for the kind of money,yet this is a difficult amount to loose for most on minimum wage grrrrr!!

    • @RedwoodLegal
      @RedwoodLegal  7 лет назад

      You should be able to use the resources I am providing on this channel, Seratonia, to bring your own claim - the law really does help you! It even means test the issue fee:
      www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees
      Although in your case the fee for a 1k claim will be pretty low. (4.5% claim value if done online)
      I am doing work this autumn to build a website around the videos and to make access to my small claims support service more easy.
      Make sure that as a minimum you write a letter now CLEARLY explaining the nature of your dispute and demanding £1,000. This letter can then be sent into the court with your claim.

  • @abi71200
    @abi71200 7 лет назад

    How do you pay the fee is it by cheque of county court money claims centre?

  • @rachieee0006
    @rachieee0006 5 лет назад

    Hi I wonder if you can help me. I want to know if what the police did to me was lawful. They came to my door said they had been called to a domestic. I said no everything's fine can you go away now please. They put their foot in the door and refused to leave even though me and my partner told them to leave. Said they can come in under section 17. We tried to shut the door but they pulled a taser out. I then got dragged by my arm out of my property and the police restrained my arm behind my back which really hurt. They went in my property and refused me entry back into my property until they were ready to leave. They then left no arrests took my partner away to his moms but told him he could come back in an hour. Was they right under section 17 to force me out my property and restrain me when all I did was refuse entry?

    • @RedwoodLegal
      @RedwoodLegal  5 лет назад

      Hi there, thank you for your query. Unfortunately this is a channel for general information-only. I would need to know more about your case and take instructions before I could give you advice that was helpful. Otherwise it is just not really helpful at all, and could be misleading advice. (Solicitors can actually be sued for negligence even where they are not being paid!) I have dealt with a couple of police-cases in the last year, where clients have been treated badly and made a civil claim. The problem with this area is that you need to know the law very well as the head of claim is not just a normal contractual or negligence claim, for instance. There are causes of action like misfeasance in public office, for instance and others that need to be laid out properly in your statement of claim when you issue. You need to take proper legal advice on all aspect of your claim and the incident, I'm afraid.

    • @rachieee0006
      @rachieee0006 5 лет назад

      @@RedwoodLegal ok thanks for the reply. I thought it would just be as simple as they didn't have the right to force entry under section 17 as no risk to life and limb because I opened the door and they spoke to me and my partner and no damage to property being committed. Also I thought that I might be able to have them for assault as they threatened me with a taser and dragged me from my property as well as restraining me when I wasn't acting violent or making threats. Guess I'm going to have to let it go as don't have money for solicitors hopefully they don't treat anyone else this way just for refusing them entry. Thanks again for your reply appreciate it.

    • @RedwoodLegal
      @RedwoodLegal  5 лет назад

      @@rachieee0006 Yes, in a way it throws up the problem with civil litigation - unless it is a simple claim, like a broke television or a unpaid invoice or damage by builders etc. (contract law or negligence) you are looking at going against a well-heeled opponent who will use their lawyers - the police have law firms of course - to make like difficult and it is not easy to sue them - having a good case is only half the battle: you need to actually win the battle and that costs time and money! And as I say, you would have to get legal advice on what your "cause of action" is. I represented a client in your position who had his claim struck out because he had just filled in the claim form with the same sort of factual information you have given me above. It was struck out because he had not "pleaded" his case correctly. And he had to pay costs of amending his claim to make it correct.

  • @blisterj
    @blisterj 7 лет назад

    how can i sue a public body in my case the council for harrasmemt and stress.

    • @RedwoodLegal
      @RedwoodLegal  7 лет назад

      take a look at this video: ruclips.net/video/npkOwqyh8gs/видео.html

  • @doms6741
    @doms6741 5 лет назад

    Worried about losing. I have no money. What if I lose? I have no job. Can I claim expenses?

    • @RedwoodLegal
      @RedwoodLegal  5 лет назад +1

      If it has been allocated to the small claims track your risk of losing money if you lose is small.Expenses can be claimed as can the court fee - but not legal fees, so even if they appoint a law firm to fight the case you will not have to pay their fees if you lose. Only if you have behaved very unreasonably. I have not had a case where this has been made out.

    • @doms6741
      @doms6741 5 лет назад

      @@RedwoodLegal wouldn't the ex160 cover such costs?

    • @RedwoodLegal
      @RedwoodLegal  5 лет назад

      @@doms6741 I was talking more about having to pay your opponent's court fees, travel expenses, time off work or expert fees if you lost. These CAN be awarded against you if you lose.

  • @john1653
    @john1653 5 лет назад

    I am a Yank, and have a very technical question about bringing a case in the English courts, or UK, whichever. As the plaintiff, can I wear one of those little wigs as I present my case? And, can I wear my black church choir robe instead of a real barrister's robe? Also, I suppose I will have to learn to say m'lord properly.

  • @raygunzzz
    @raygunzzz 8 лет назад

    Thanks !

  • @yamagishisan
    @yamagishisan 7 лет назад +1

    great video bud. Can't hear a word you're saying. You have only one side of your microphone working.

  • @Soralella71
    @Soralella71 6 лет назад

    Thank you.