- If the company phones you, you should make a note of the date and what they’ve said.
- The problem is usually solved by this stage, but you don’t have to accept the first offer you receive, if you don’t think it’s reasonable.
- If all else fails and you aren’t getting anywhere, then we advise you to get expert advice e.g. by requesting another seller place their views in writing, by getting in touch with your local Trading Standards Department or another source of support and advice.
Task 2
A)
Most consumer problems can be settled easily, without court action. However, if the problem cannot be settled, then consumers may consider taking legal action. It is imperative that you get advice and help from a specialist such as a solicitor, Citizen’s Advice Bureau or another consumer organisation. You may decide to take legal action if all else fails and contact a solicitor. Sometimes solicitors may offer free legal clinics or complainants can ask their local Citizens Advice Bureau for advice and help.
There are two types of court systems in Britain
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Those concerned with criminal matters.
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Those concerned with civil matters.
B)
The differences between Criminal and Civil proceedings are: -
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A criminal is an individual who has committed a crime against society. A representative of the state (e.g. the Police, Trading Standards Office, Environmental Health Officer) may bring a criminal action. The cases are either tried in a Magistrates’ court or in a Crown Court before a judge and jury. An example is someone who takes a motor vehicle without consent or drives over the alcohol limit or after using drugs. In these cases it must be proved beyond reasonable doubt that the person committed the crime. The punishment if convicted is usually a fine or imprisonment.
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Civil laws are concerned with what’s going on and the relationships between individuals, which can also include companies. An example could be a person knocked over as a result of someone who was driving whilst over the alcohol limit. The pedestrian can sue for compensation for pain and suffering, resulting from their injuries
There are two factors
- There must be loss or damage
- There must be a legal obligation owed to the party bringing the action
Cases are normally started in The County Court.
Small Claims Procedure.
The most you can claim by using the Small Claims procedure is £5,000.
Task 3
A)
Civil actions can be started in the County Court or High Court, depending on the circumstances of the case.
The Small Claims Procedure can be started in the County Court. If the claim is for £5,000 or less, it must be started in the County Court.
If the case is a simple one, the County Court will decide to use the small claims procedure and will allocate the case to the ‘small claims track. If the case is defended, the court will decide what procedure should be used. In most cases, the court will not order solicitors’ cost to be paid by the losing party in a small claims case, and if you instruct a solicitor you will have to pay the costs yourself. For this reason most claimants’ deal with a small claim without the help of a solicitor. It is possible to have the help of a friend or ‘lay representative’ e.g. some Citizens Advice Bureau can offer trained advisers to help people with small claims. It may be possible to get legal (not representation) from a solicitor under the legal help scheme.
B)
The Small Claims Procedure is a way of suing for compensation of up to £5,000, without having a solicitor. This means it is cheaper and easier than using the normal civil court system, which may be too expensive for most people.
The steps involved in the Small Claims Procedures are you fill in a summons forms with the relevant information and a brief outline of the case. You then pay a small fee, which is repaid if you win. The court then serves the summons. The defendant has 14 days to respond. If there is not response then the claimant fills in a form asking the curt to file a judgement. The court will decide how mush and issues a judgement with damages assessed by them. The defendant can then dispute this amount if they think it excessive and the court will then make a final judgement. If the defendant does files a defence the court will send a copy to the claimant. Allocation questionnaires are sent to both parties, who both have to completed and return by a specified date to the court. A Hearing date will be set. At the hearing a decision will be made. The defendant can appeal if they want to.