taking bailiffs to small claim - help

[karenjen]

I am about to claim unfair charges from a clamp with Drakes. Can anyone guide me as to what to write on the N1. Do I have to quote the law?

 

Thanks

[reallymadwoman]

bump

[tomtubby]

Before issuing a writ you really do need to know where any overpayment has occured. For this reason you need to ensure that you have received a full and detailed breakdown of the fees.

 

In addition, because you are considering legal action, you MUST request a copy of the screen shot of your account. This is most important.

 

Can you provide details of the charges ?

 

Finally, you need to also request confirmation from the bailiff co that the bailiff is certificated to work for their company. They MUST provide this information.

[karenjen]

Thanks Tomtubby I have done all of what you have suggested already. I know that I have been overcharged I have worked it out but I have probably underestimated anyway this has been going on for ages now so I just need advice on what to write on the N1.

[letsmakeamark]

Look here and it should help you with the wording :

 

 

 

[karenjen]

Thanks this is a great help! Did you win your claim?

[letsmakeamark]

This was somebody elses claim which i have used a reference. The wording is plain. There are no laws mentioned. Neither are there any sections mentioned apart from the interest bit. Did its job. Straight away.

[sillygirl1]

I really think that is the trick with being a "litigant in person" it is not for us to quote the law at the 'other side', it is for them to be able to apply the relevant parts of the law to our applications. I never put in any more than the name of the act and part on any claim.

[letsmakeamark]

I really think that is the trick with being a "litigant in person" it is not for us to quote the law at the 'other side', it is for them to be able to apply the relevant parts of the law to our applications. I never put in any more than the name of the act and part on any claim.

 

 

BIG HINT !!!!!!!!!!!!

 

Never quote any law on paper. Have it with you in court incase you need to guide the judge. Let the other side quote whichever law they want and let them fall into the hole that they have dug themselves.

[letsmakeamark]

Thanks this is a great help! Did you win your claim?

 

I believe the company paid out 4 days afer reciept of the claim form and then settled the interest some 4 weeks or so later.