Small claims court - CCJs?

[xanderma]

My cousin is in dispute with a woman over a dress. The dress needed a repair, so the woman offered to get her mother to fix it as a favour to my cousin. This was in April and the dress hasn't been returned yet, despite numerous requests and promises.

My cousin has been advised by the CAB that she can take the woman to the Small Claims Court but that even then she cannot be forced to return the dress - I suppose they mean she cannot be physically dragged to her house and forced to the wardrobe!!

But if this happens, would there be any consequences to the woman - CCJ or similar? Basically is it worth my cousin's time and effort - the dress is worth less than �100 but its the principle!

TIA

[Ethel]

The County Court is a but of a hammer to crack a walnut.

I understand this was to be done as a favour - was there any sort of timescale on the job being done?

Has the cousin been to her house and asked for the dress? I would turn up on the doorstep and ask for it.

[xanderma]

Yes the timescale was that she needed the dress for a night out in June - which has obviously passed now.

I agree that the court might be a bit OTT - and no she hasn't turned up on the doorstep, she was advised by CAB to write giving a week to return the dress, which she did and no dress. She then rang the woman who fobbed her off with story about her parents both being ill etc etc.

I'll ask her why she hasn't been round - seems obvious now you mention it! Thanks for prompt reply btw.

[xanderma]

Update, she hasn't been to the woman's house as she has moved out of the area since this happened.

So what would happen if my cousin continues down the Court path, would the woman end up with a CCJ against her and what would the implications of this be for her? And is anything enforceable to help my cousin - return of the dress, financial recompense etc??

[Ethel]

There wouldn't be a CCJ in the sense you mean - it wouldn't affect the credit rating or anything like that.

Good info here about starting a Small Claims' procedure:
http://www.adviceguide.org.uk/index/your_right s/legal_system/small_claims.htm#Types_of_case_ dealt_with_in_the_small_cl

The court would want to know the steps your cousin has already taken to retrieve the dress. If she hasn't exhausted every reasonable option, her claim could be refused. The court is a last resort.

I would strongly advise you fcousin to draft a letter, stating that if the dress isn't returned within 28 days, a summons will be issued.

She should take this letter to the woman's house, and ask first for the dress to be returned. If it isn't, give the woman the letter, and next day post a copy by recorded delivery as well.
Hopefully that will be an end to it.

[xanderma]

Thank you so much Ethel. I'll pass this advice on straight away.

(I've often read your replies to other posts with interest - nice to be on the receiving end of your help and advice - thank you again)