How to take a company or an individual to court

Brendan Murphy -v- DSG Reatail Limited
Case number: SS000309
Click here for the Full Story

People have asked me "How did you take DSG Limited to court?",   "How easy was it?"

If you have been mistreated by a company or an individual and feel you have a valid claim against them then you might want to consider using the "small claims court"

The Court Service has recently put together a very good website which is full of information.
http://www.courtservice.gov.uk

The first thing to do is to go along to your local County Court: 
Select your region to find your nearest County Court:
Midlands & Oxford
North-East
North
South-East,
Wales & Chester
Western

I found the staff in my nearest County Court to be very helpful.  You need to collect an N1 form (available as PDF file). You might want to collect a couple just in case you make a mistake. There are also a set of leaflets which states cleary the step-by-step process of the Small Claims court and how to fill out the N1 form. (These leaflets are all available as PDF Files from the Court Service website)

It is a fairly easy process.  When you fill out your N1 form, you need to make sufficient copies for all parties and return them to the County Court with as much evidence as you can.  Make your "Particulars of Claim" as accurate and as concise as you can (Here are my "Particulars of Claim" typed on one sheet of A4 using Microsoft Word).   You also need to pay a court fee to start the claim process. This fee depends on the amount of the claim.  The fees change so make sure you get the leaflet titled "County Court Fees" (available as a PDF file)

From this point, the procedure can vary as the defendant has many options.
The defendand can "Admit and settle the claim", he can "Defend part or all of the Claim", or he may not respond at all!
Again,  There are different leaflets describing each of the possible events (These leaflets are all available as PDF Files from the Court Service website)

In my case, Dixons Stores Group filed a Defence.  If this happens to you, you will be notified by the court that a defence has been filed.  The defendant then has 14 days to submit a defence statement which again, the court will onpass to you.  All correspondance must go "through the court". You can still communicate with the defendant directly to try and settle out of court.  If you do reach an agreement, you must notify the court immediately.

When you receive a copy of the defendants statement from the court,  you might accept the defence and stop the case from proceeding, OR you might wish to continue.

If you still wish to proceed, you will receive an allocation Questionaire to fill out.   When you return this form, you need to send them the appropriate fee (if required).

If the defendant makes a settlement offer to you, you do not have to accept it.
Dixons, at this stage, agreed to change my television on the condition that an "independant" engineer (employed by Dixons!) finds a fault.  Naturally, I rejected this offer.

You will soon hear from the Court with a date for the court hearing.
It is important to keep copies of all written evidence and documentation. If you intend to use this evidence to back up your claim, you must submit them to the Court and the defendant (and all other parties if necessary) within 14 days of the court hearing

Finally,  GOOD LUCK.
Especially if, as in my case, you are dealing with a large commercial company.  Dont let the Litigation department of the company frighten you off with their official-looking letters.  They like to use legal terms and phrases in their correspondance to give you the impression that they are clear of blame.  Dont let them intimidate you.

The Court Room is fairly small.  Its not like the court rooms you see on TV. You will be sitting next to the defendant at a table facing the Judge.  I was fortunate to have a friendly and polite judge.  Explain that this is your first time in a Court Room and he will explain how the hearing will be conducted. You will be given the opportunity to  cross-examine the defendant and any witnesses.

I would like to hear how you get on.  (email me at brendan@djmurphy.demon.co.uk)
I will put other peoples stories on this website to give everyone else inspiration and confidence.