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Small Claims Court Maladministration?


jazzking
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Hi all,

 

First, apologies if this should be somewhere else, if mods know of a better place please move it :)

 

Right, I had/have a dispute with an online retailer due to breach of contract under the Distance Selling Regulations. Full details are here for those who are interested.

 

The case went to court, the defendant (small online company) didn't turn up, or indeed communicate with the court after filing a defence back in October 08. The judge awarded judgement of £771 to me inc costs (£135 of court fees) The hearing date was on 18th Feb.

 

I have not received a copy of the judgement so therefore I cannot take any further action. I intend to get at least the cost of the purchase back from the credit card company (Egg) under Section 75 but they have said they need a copy of the judgement but would be unlikely to refund court costs. The company I'm in dispute with obviously aren't playing ball and I suspect any attempts to enforce judgement through bailiffs wouldn't work...

 

My question is, since the court have taken an unreasonable amount of time to process my judgement (8 weeks now) despite me calling them about it twice can I claim my costs back from them?

They've already admitted to me earlier in the process (5th Nov - 15th Jan) that they'd lost my file and that's why it had taken so long for a hearing to be arranged after I filed my AQ and when I had my hearing the judge had none of my paperwork, only the evidence I'd submitted 14 days before the hearing.

 

The service from the court (once it left MCOL in Northampton) has been shocking so if there's any way I can get my fees back (I'm not after compensation) then I'd really like to know...

 

Equally, if theres any advice on Section 75 claims after court action when the retailer is still trading (I foolishly didn't put Egg down as a second defendant) I'd be very grateful.

 

Many thanks,

Alex

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Welcome to CAG jazzking

I'm not up on legal issue but hang fire and someone with knowledge on this the court process will be along soon.

 

sorry I cant be of help but your in the right place we have some wonderfull people here...Gc

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