Post 16 of this thread suggests the use of Moneyclaim Online to recover money stolen as result of Payforit scams like those operated by J1 Media.
There are some serious dangers in this approach. The Small Claims procedure lays down a pre-action protocol which should be followed by both parties to a dispute prior to the filing of a claim. A failure to follow the pre-action protocol can put you at a serious disadvantage should the case be defended as is now happening with J1 Media.
I've recently had to give advice in two cases where legal action has been started against J1 Media following the advice in this thread. Both those cases are in danger of being lost because the necessary steps prior to filing a claim were not followed.
It is essential that, prior to starting a claim, you send a "letter before action" to the defendant outlining your dispute, and asking them for a resolution. This letter should allow them at least two weeks to respond. You need to be able to prove to the court that the letter was received by the defendant.
Legal action should be a last resort. The courts take a dim view of litigants that have made no effort to resolve their disputes prior to filing a claim.
Most companies will pay a full refund on receipt of a letter before action, voiding the hassle and costs associated with legal action. You may be offered ADR. It does no harm to accept this. It is not legally binding and you can still use the Small Claims court if you are unable to agree. So far, nearly all these cases have been settled out of court in the claimants favour. If a case does end up in a hearing, the claimant puts themselves at a disadvantage if they have failed to follow the correct procedures.
A template letter before action is here.
