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Yeah it's through Small Claim, all filed online at moneyclaims.service.gov.uk. The claim is with a shop that owes me a refund for a cancelled order. I opened the claim back in March after bing told for months that "we'll get it sorted by the end of the week" until eventually they stoped responding. I offered them to go through mediation and then sent a letter 'making time of the essence'. Once the case was open they disputed the claim and offered to settle out of court. They missed their own settlement date and never signed their own agreement.
The case was then automatically sent for mediation. They missed the call from the mediator so it was then automatically forwarded to the court and we both submitted evidence.
I sent me evidence before they did. Once I received their evidence I saw that they claimed that they offered to settle out of court and I declined, which is not true.
What I don't know is if I'm now able to write to the court again explaining that they agreed to settle but didn't sign the agreement and missed the deadline.
Trunkie-
I see.
They missed their own settlement date and never signed their own agreement.
The case was then automatically sent for mediation. They missed the call from the mediator so it was then automatically forwarded to the court and we both submitted evidence.this shows them in a bad light, you have proof of your attempt(s).
Hypothetically if you did try and settle out of court but it was not enough, the small claims court is the next step.
If they owe you money and are saying its your fault you haven't got it back but you can prove that's false the SCC is only option and they should rule in your favour.As you are the claimant you provide all your evidence first and they have to counter it.
You may be asked for proof of their "well we tried" statement but they must show evidence of this too. They can't, you may not have to worry. They can't just say it, they have to prove it. If it cant ever be proven it wont be considered.I'm not a lawyer but I've had someone claim against me (I "owed") and I won. It didnt get to a hearing, they gave up and cancelled it absorbing the fee.
.mo.
Is it through the "small claims" court? You should have received a letter with their claim and you counter claim online using the code they provide.
It is usually for a a claimant to prove, not you, that they tried to sort it out before hand. It is encouraged before using the court, if there are any falsehoods in the claim it will not go further than your response and will be closed.
So, counter it honestly and chances are it will be denied and the claimant charged the £70 or whatever it is.
Good luck.