TopGun wrote:liamlion wrote:TopGun wrote:Can you explain to us all, how Mitchell, or anyone else for that matter, could attempt to recover thousands of pounds through the civil courts with no risk of costs or expense...
Quite easily through small claims court. I do it if my clients dont pay me in business.
I think it's safe to assume Mitchell's purse was more than £5k... His claim wouldn't be eligible for the small claims court....
You can still go to the small claim court for over £50k......
http://news.bbc.co.uk/1/hi/programmes/w ... 435585.stm[/quote]
No you can't. You're wrong and there isn't anything in that link you've posted which says anything different. Have a read of it.[/quote]
Well I have gone down this route before and got paid. My claim was for over £5k. You have to pay £500 and don't need a solicitor if you don't want one.
"If your claim is less than £200, the initial court fee is £27. For a claim between £1,000 - £5,000 you will pay £115, and for more than £50,000 the fee is £500. "[/quote]
A claim above £5k can only be heard in the small claims court if both parties agree to this and the judge allows it, but it's completely within his discretion. The only other exception is in PI cases.
You do realise that the section you've quoted is actually making reference to small claims AND county court fees. You omitted however to quote the section of your link that states...
"Claims of up to £5k will normally be heard under the small claims procedure. Larger claims will go to the full county court."
Trust me mate, Mitchell's matter would never ever be suitable for the small claims court. It would be too high value and probably too complex.
Mitchell's avenue of recourse simply isnt as simple as you purport.
Out of interest what was the value of the claim you mentioned and what small claims court was it that heard your case?