Hi Allan, to answer your questions:
I wish to reclaim the deposit I made, if they do not return it as requested is that theft?
No it is not, this is not a criminal matter, it is a civil one and goes under breach of contract, so do not confuse it with the criminal act of theft.
Do I have to make a claim in the small claims court?
Yes it would be in the small claim court as the value of the claim is for below £10,000
Does the small claims court allow you to give evidence and can I insist the representative is there to be questioned?
Yes it does allow you to give evidence but the other side decides who appears as a witness for them. You can try and force a witness to attend by asking the court to make a witness order if necessary. The court will decide if that is needed and appropriate in the circumstances.
What is the cost of starting an action. I assume £200, what are the likely costs of Anglian if they defend.
The claim costs will depend on the value of the claim. You mentioned £6200 in the previous response, not sure if that is the deposit you paid but assuming it is it would cost £455 to issue the claim and £335 for the hearing. It does not matter how much it would cost them to defend this because in the small claims court each side pays their own legal costs.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you