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One of the aims of the howtocomplain.com service is to avoid litigation by highlighting the alternative processes available for complaining. However, situations may arise that leave you with no other option than to start a legal process.
The aim of this
section is to :
Below is advice from the Office of Fair Trading regarding your legal options: Conciliation
and Arbitration If you are
unsure or would like to seek advice on any legal matter you should
contact a solicitor.
2. The
lawontheweb.co.uk website includes:
Conciliation and arbitration (Alternative Dispute Resolution) If the trader is a member of a trade association, there may be a conciliation or arbitration scheme you can use to resolve a dispute. Some associations have both. Do not be put off - such schemes are informal and generally inexpensive. But arbitration may not necessarily be cheaper than going to court under the small claims procedure. Check what fees you will be expected to pay if you lose the case. In conciliation, the idea is to enable the parties to settle their differences themselves. It does not result in a legally binding decision, and if you are not satisfied with the outcome, you can go on to arbitration, or to court. Arbitration is more like going to court, and is very straightforward. Both sides put their case and the arbitrator (arbiter in Scotland) makes a decision. The arbitrator or arbiter will be independent, an expert in the particular field concerned, and may be a member of the Chartered Institute of Arbitrators. Arbitration is often done in writing. If you feel happier putting your case in person, you should consider using the small claims procedure in the County Court. You have to choose between court and arbitration - you cannot do both. If you do not like an arbitrator's decision, you cannot then go to court (except in special circumstances). Under the Arbitration Act 1996, a clause in a contract which says that you have to go to arbitration cannot bind you, provided the value of your dispute is not greater than the small claims limit. Before going to arbitration or to court you may wish to seek an impartial opinion on the merits of your case. This is best obtained from a solicitor. Some solicitors work in law centres or advice agencies, which offer free advice. Many solicitors in private practice offer a low-cost initial interview. Your local citizens advice bureau can help you find such a solicitor. (howtocomplain.com note - Alternatively the Community Legal Services web site offers a postcode search for solicitors in your area. They will also inform of the services your local solicitors offer, whether they accept no win no fee cases, if Community Legal Services funding is available to help you finance any litigation and much more). The Advice Services Alliance publish information on alternative dispute resolution including the options above at www.adrnow.org.uk. You can take action in the courts. This doesn't have to be expensive. There is a special, low-cost way of suing for small amounts by using the small claims procedures in the County Court (Sheriff Court in Scotland). Leaflets explaining the procedure are available from your County Court office and/or some bookshops sell advice packs, which include the forms. You may find it helpful to contact a consumer adviser. If you use a trade association arbitration scheme, you cannot go to court if you are not happy with the decision. If you are unsure about which to choose, seek advice. If you are struggling to get a complaint sorted out, you can take further action. Just telling a trader who is being unhelpful or obstructive that you may go to court could be enough to get your complaint resolved. If you do have to take legal action, it can be much easier than it sounds and could be well worth the effort. If you do
not want to use a trade association scheme, or no such scheme exists,
you can go to court to sue for the return of your money or for compensation.
This is easier than it sounds. In England and Wales, if you
can keep your claim to £5,000 or less, it will be dealt with
in the County Court where it will normally be heard as a small claim.
In general the hearing will be in public and conducted informally
(The small claims limit for personal injury is £1,000, a similar
limit applies for housing disrepair cases. Claims for harassment
or wrongful eviction are excluded from the small claims track). In Scotland, claims of up to £750 can be taken to the Sheriff Court. In Northern Ireland the upper limit is £1000. The small claims procedure is designed for people to use on their own, without needing a solicitor representing them. If your opponent employs a solicitor, you cannot be charged the cost even if you lose your case (but see below). The only exception to this rule is if the court thinks you caused unnecessary costs. Your conduct is regarded as 'unreasonable' by the court if, for example, you don't attend the hearing or you bring a claim that was bound to fail. To start a small claim, fill in a claim form with your name and address, the name and address of your opponent (the defendant, or, in Scotland, defender) and a brief statement of your case. You do not need to use technical language. Take or send the completed form to your local County or Sheriff Court. In Northern Ireland the procedure is started by a Form of Application. Winning does not necessarily mean that you will get your money. The defendant may refuse to pay, or may be out of business and be unable to pay. You may need to consider your likely chances of being able to enforce a judgment. There is a court fee, but this is payable by your opponent if you win your case. In England and Wales the fees for the issue of small claims proceedings are graduated. Fees start from £30 for claims that do not exceed £300, rising to £50 for claims between £300 and £500. For claims between £500 but less than £1,000 the fee is £80. Claims that exceed £1,000 but not £5,000 attract a fee of £120. These fees are set by the Court Service. You can get further details of the fees from their website. In Northern Ireland the fees start at £13 for claims under £150, going up to a maximum of £55. If you lose
you may be liable for some of your opponent's costs, but these are
limited and if your opponent opted to be represented by a solicitor
you cannot be ordered to pay for that in most cases. In Scotland the fees are £6 for claims up to £50, and £36 for claims over £50 to £750. The court will serve the summons on the defendant and tell you what to do next. If the value of your claim does not exceed £200, and has been defended, there will normally be no award of expenses. If the value of the claim is more than £200 but not more than £750, and has been defended, the maximum amount of expenses that will normally be awarded by the court is £75. There are, however, circumstances where the limit on expenses does not apply - for instance, if the case is undefended, or if the defender puts forward a defence with the object of delaying proceedings, or a pursuer makes a claim that is unreasonable and not justified, full court expenses may be awarded. More information The necessary
forms and leaflets explaining court procedure are available from
the Court Service (England & Wales only) web site, and court
offices (look under Courts in the telephone book for the address).
Some bookshops sell advice packs, which include the forms.
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