Hi ~
From what I can gather, if I was to pursue someone through the small claims court and was awarded a payment from my opponent, there is no way that the court can actually ensure that this payment is made.
So what exactly is the purpose of taking a case through this process (is it just an expensive way of 'being proved right'?)
I've recently had work done by a builder which involved replacing a ceiling. Unfortunately the new ceiling is 'sagging'. I've asked the builder to repair it, and when this didn't happen I sent the letter quoting the 1982 Sale of Goods and Services Act (as advised by the CAB). There was still no response from the builder so I said I would have to apply to the small claims court to have my payment to him refunded so that I could hire someone else to carry out the remedial work.
His response was that he'd been through the small claims process several times previously, but simply ignored the fact that he had been told to reimburse the customers ... and the customers had no way of enforcing this re-payment.
It all seems very odd ... is the small claims court REALLY that pointless?
From what I can gather, if I was to pursue someone through the small claims court and was awarded a payment from my opponent, there is no way that the court can actually ensure that this payment is made.
So what exactly is the purpose of taking a case through this process (is it just an expensive way of 'being proved right'?)
I've recently had work done by a builder which involved replacing a ceiling. Unfortunately the new ceiling is 'sagging'. I've asked the builder to repair it, and when this didn't happen I sent the letter quoting the 1982 Sale of Goods and Services Act (as advised by the CAB). There was still no response from the builder so I said I would have to apply to the small claims court to have my payment to him refunded so that I could hire someone else to carry out the remedial work.
His response was that he'd been through the small claims process several times previously, but simply ignored the fact that he had been told to reimburse the customers ... and the customers had no way of enforcing this re-payment.
It all seems very odd ... is the small claims court REALLY that pointless?
What is the purpose of 'small claims courts' ?
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