People left out of pocket by traders say UK county court system ‘unfit for purpose’

theguardian.com:

Hazel Rose’s coffin was supposed to have been adorned with her favourite spring flowers for her funeral in March last year. But she was sent to rest in a bare coffin when the sheaf, ordered from a London florist, failed to arrive. A year later, her family is still awaiting a refund – despite having taken their case to the small claims court.

“It was extremely distressing for the family when my mother’s flowers did not arrive and it would have been a consolation to have the case resolved by the first anniversary of her death,” said Hazel’s daughter, Andrea.

Instead, she and her brother, Anthony, have so far spent £143 in court fees trying to reclaim the £110 they paid for the flowers. Andrea says principle rather than money has prompted her long battle. The company disputes the claim and says it was given the wrong time for the delivery.

The case exposes gaps in the legal protection for consumers and underlines why some campaigners say the county court money claims system is unfit for purpose.

A county court money claim is the last resort for customers who are left out of pocket when a trader fails to deliver. The customer files a claim with the court and pays a fee, starting from £35, and the trader is sent a letter asking it to pay up. If it doesn’t, the customer can ask for a judgment.

If the court decides in the customer’s favour, a county court judgment (CCJ) is issued, ordering the defendant to pay the debt plus associated costs and appropriate compensation. This CCJ will blight their credit record for six years, but it is not a criminal offence for defendants to ignore the court ruling. If they do, claimants must pay further fees to enforce it with no certainty of success. For claims worth less than £300, the cost of