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by TheOtherHobbes 2017 days ago
Small claims can work with some companies, but others simply laugh at County Court Judgements.

The hard part isn't winning - which is easy if you have even a minimally credible case - it's enforcement.

If the company ignores the judgement you have to go back to court to get an enforcement order. And then you'll have to engage a collections company and/or a bailiff. And if they seize goods to the value of because they can't extract a payment, you won't be paid until the goods are auctioned off.

To a company turning over millions, a one-off claim for a few hundred is barely worth noticing. From their POV you're barely a flea bite, and of course most people will give up on a claim without much of a fight. So naturally they're going to try that first.

The other point is that most people you deal with don't care either way. They'll follow the company script, because the outcome - and your inconvenience - mean nothing to them.
2 comments
daniel-cussen 2017 days ago
I don't know. Having seen Small Claims Court in person, there were companies suing people and people suing companies. And all the companies showed up.

As for enforcement, here, you're allowed to sell the debt the company owes you to collectors, and this pays 10% interest a year--not bad compared to a checking account. You can demand they show up in court again and answer to the judge why they haven't paid, and when they will, you can lay claim to rent and assets, et cetera. The court won't do that for you, but it very much does want to help legitimately harmed parties settle their score.

I agree it's not fast, though.

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Silhouette 2017 days ago
Small claims can work with some companies, but others simply laugh at County Court Judgements.

Then once again you just have to actually follow through. Obviously a business can't just decide to ignore a court ruling against it and get away with it if you take steps to enforce. And if you don't want to, there are professional organisations who are experts in the relevant law and will act as your agent and take enforcement action of the appropriate type for your case.

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