Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder Steve Wakefield Novitiate

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    Default Taking Council to Court

    Ok here goes. I live rural and for some 15 years our Council services have slid into decline. Amongst these lost services are the Drain men, who used to clean out our gullies and culverts. Since we live at the bottom of a hill, we are dependant on the 5 drains above us on the hill, removing rain water, particularly during storms, or else we get flooded. I myself have, since the disappearance of the Council (or rather WS Atkins via council) blokes, cleaned out blocked drains for nigh on 15 years.
    Following our house being flooded,and subsequent inability to get insurance, I contacted the Council to appraise them of the neccesity to do the work, and have a log of the number of calls I made over the years.
    Pi***d off last year I sent them a bill for my labour 1200 for 14 years,then following repeat demands to them to pay me, and them treating it as a joke, I withheld Council tax and was taken to court.
    Despite publicity, and support from the magistrates, I was fined and forced to pay.
    I am now therefore going to issue a claim against them in small claimsicon, for the amount outstanding, and their failure to do work which is their responsibility, and therefore putting the security of my home and posessions at risk.
    I have an idea of the correct tack, but if any one has any ideas as to best route I'd love to hear them.
    My hope is they will be as cavalier as before and fail to respond or defend, and this then becomes proved by default, as with well publicised actions against banks.
    Oh I just sent my letter to HSBCicon for my charges. War on 2 fronts - bring it on.

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  2. #2
    Basic Account Holder thecornflake Novitiate

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    Default Re: Taking Council to Court

    If this service is still deemed to be the responsibility of the council then the claim should be fairly straightforward, although the courts may have like it better if you had gotten three quotes for the work and taken the best one. Unless you're charging less than this would have been for your work in which case no worries there.

    Refusing to pay council won't get you anywhere except a bit of publicity maybe. It's like not paying bank charges before you start your claim - you still have to pay until you've proved you don't have to.

    I'm not sure which law(s) would cover this but I do know local authorities legally have to perform any duties that are deemed their responsibility and can be taken to court in the same way businesses and individuals can.

    Good luck and keep us posted.

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  3. #3
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    Default Re: Taking Council to Court

    Good luck! Any news?

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    Default Re: Taking Council to Court

    Quote Originally Posted by Steve Wakefield View Post
    Ok here goes. I live rural and for some 15 years our Council services have slid into decline. Amongst these lost services are the Drain men, who used to clean out our gullies and culverts. Since we live at the bottom of a hill, we are dependant on the 5 drains above us on the hill, removing rain water, particularly during storms, or else we get flooded. I myself have, since the disappearance of the Council (or rather WS Atkins via council) blokes, cleaned out blocked drains for nigh on 15 years.
    Following our house being flooded,and subsequent inability to get insurance, I contacted the Council to appraise them of the neccesity to do the work, and have a log of the number of calls I made over the years.
    Pi***d off last year I sent them a bill for my labour 1200 for 14 years,then following repeat demands to them to pay me, and them treating it as a joke, I withheld Council tax and was taken to court.
    Despite publicity, and support from the magistrates, I was fined and forced to pay.
    I am now therefore going to issue a claim against them in small claimsicon, for the amount outstanding, and their failure to do work which is their responsibility, and therefore putting the security of my home and posessions at risk.
    I have an idea of the correct tack, but if any one has any ideas as to best route I'd love to hear them.
    My hope is they will be as cavalier as before and fail to respond or defend, and this then becomes proved by default, as with well publicised actions against banks.
    Oh I just sent my letter to HSBCicon for my charges. War on 2 fronts - bring it on.
    have you issued the claim yet? v interesting thread

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