How much evidence is required to succeed at small claims?

[Bristol spark]

After 2 years of trading, i appear to have been finally stung by an un-paying customer!

The invoice is for £1200, so i believe worth pursuing.

But i am concerned if i have enough evidence to confidently win at the small court.


I have sent the invoice numerous times by both email and to his home address. Have been unable to contact him.

The work was completed on a rental property of his.


My worry is if he turned up in court and claimed i never completed the work?


I don't have any concrete evidence that the work was completed.

I have the original quotes, but the go ahead was verbal.

However i do have copy of the electrical certificates completed.

Also due to the nature of the work, the council "senior environmental protection officer" was involved and may be able to confirm the work was completed. However i have a feeling he may not want to get involved. But i have his details.

I also have a copy of the enforcement documents that was issued to the "customer" from the council.


The "customer" Owns at least 2 houses, so does have some assets. But at least the rental property has a mortgage.


So any advice would be great as to if worth pursuing, as not a fan of spending good money after bad! Plus wasting time etc.



Cheers

[Jasandjules]

This becomes a more interesting point as the invoice is in effect evidence that the fees are due.

It then falls to the Defendant to explain why they are not owed.

[Simpo Two]

I'd agree with that. One would expect a 'normal' person, had the work not been done, and upon receieving an invoice, to say 'Excuse me but I dispute this invoice on the grounds that the work has not been done/not completed properly'.

1) £1200 is worth fighting for.

2) These types get away with it because creditors don't stand and fight.

In short, there is principle involved. It only costs £50-£60 to start a small claim, so get your case together and go for it. Small claims is designed for the layman. There are no clever barristers to trip you up and no nasty surprises, as each party has to supply its evidence to the court. The case may be resolved without a hearing; there will only be a hearing if he files a defence. Of course he may not defend and/or may not turn up, in which case you win. He may then play silly buggers by not paying the judgement, in which case you escalate to the High Court and get the boys from the TV series to extract payment

[98elise]

Sounds like an easy win to me.

Send the invoice again with a letter saying that they either need to pay or dispute the invoice (in writing) within 7 days, or you will go to small claims.

Small claims is a very simple process and even if it goes to court its easy for the layman. its just you, them and the judge in a small room. The judge will read the evidence beforehand and will give you both a chance to state your position/ask questions The judge may ask a few questions. Its all done in a very controlled and fair way (ie the judge will not let the other person interupt or argue). The judge then makes a decision.

I would (and have) done it over way less than £1200. You need to do it just to stop these scum from ripping off other people.

[Bristol spark]

Thanks guys, sounds promising

Also does the court costs get added onto what is owed?

If it gets as far as court, can i add on my loss of earnings for dealing with?

Cheers

[Nickyboy]

Bristol spark said:

Thanks guys, sounds promising

Also does the court costs get added onto what is owed?

If it gets as far as court, can i add on my loss of earnings for dealing with?

Cheers

IIRC from when i had to defend myself at a small claims hearing after an accident you can claim court costs but only if you win. You can also claim expenses but make sure you document them well enough. Lawyers fees etc cannot normally be claimed back.

If you lose however then you can be liable for all the other partys fees and expenses.

I won my case btw

[Simpo Two]

Bristol spark said:

If it gets as far as court, can i add on my loss of earnings for dealing with?

I doubt it, but read all the small print before you submit the claim form and follow exactly what it says.

[dartissimus]

Experience tells me that this is one of those where you get no reply to your requests, you wait 3 weeks,
they then don't defend in court, you wait 3 weeks,
you get judgement, you wait 3 weeks,
you send in the bailiffs, you wait 3 weeks,
they report back, he's got nothing, you wait 3 weeks,
he offers to pay at £10 per week, you wait 3 weeks,

he doesn't pay......... you retire in a sour mood & eventually die.

In a can pay/won't pay situation, I once sorted out a similar problem by wring a letter to the man's wife. Underhand but effective.

[Simpo Two]

dartissimus said:

he doesn't pay......... you retire in a sour mood & eventually die.

Presume it was for <£600?

Otherwise: https://www.hceoa.org.uk/faqs/do-you-need-the-serv...

Look out for 'Can't Pay? We'll take it Away' on TV.

[dartissimus]

The offer to pay is the nightmare scenario, drag it out, death by payment of a hundred drips.

I have a friend who taught me, if, when you issue a summons, they send a cheque (old days) trying to avoid court costs.
Don't pay it into the bank, let it go to court and get your costs back as well.

All very childish.

The modern equivalent is the credit card chargeback.

[Europa1]

An alternative to bringing a claim in small claims court might be to serve a statutory demand on your customer. That might concentrate their mind, particularly if they have any kind of bank/building society finance.

[Bristol spark]

Thanks, i sent a letter today giving till 1st july to pay, so will see if i hear anything...

[Bristol spark]

Well, he will have received the letter 10 days ago now, and no response!


So guess all i can do is carry out my threat, and start action with money claim online, and see what happens?


Out of interest, if i win judgement and he refuses to pay, and bailiffs cannot recover any goods to cover the debt, can he be forced to sell one of his houses? or would the fact the mortgage company already has a hold stop this?

[Bristol spark]

Oh fk!! Just thought id google his name and home address, only turns out he is a bloody solicitor

Something tells me he knows how to play this game

It also shows a different address Plus a landline number, think i will give it a ring.

Edited by Bristol spark on Friday 3rd June 16:02

[98elise]

Bristol spark said:

Oh fk!! Just thought id google his name and home address, only turns out he is a bloody solicitor

Something tells me he knows how to play this game

It also shows a different address Plus a landline number, think i will give it a ring.

Edited by Bristol spark on Friday 3rd June 16:02

It should make no difference, the county court is set up to make it easy and fair for the average layman. The judge will not let his legal knowledge get in the way.

[Simpo Two]

Bristol spark said:

It also shows a different address Plus a landline number, think i will give it a ring.

Yes, no doubt he will play games with you. He thinks you will give up and go away, like most people do. But the law is the law and he is subject to it just like everyone else.

'Hello, I'm about to serve papers on you. What address should I send them to please? And by the way this conversation is being recorded'

You have nothing to be afraid of, nothing to hide and nothing to lose. So chin up and get stuck in.

[RichS]

What sort of a solicitor? If he works for a private firm and isn't a partner then I suspect the firm's senior partner might take a less than kind view. Not the type of thing a solicitor should be trying on really. Of course if he is a partner then he owns the business so you've no leverage there. But generally solicitors are meant to be whiter than white (I know I know we've all got tales of woe). R

[RichS]

You could also copy the correspondence to the Law Society. Mightn't do much good but I know I'd sit up and take notice if somebody did it to me.

[Bristol spark]

Thanks, will get the papers sorted on the weekend.

Looks like he specialises in wills.

A bit more googling shows he possibly does not like it when people dont pay him!

http://www.bristolpost.co.uk/Landlord-punched-tena...

[Simpo Two]

More like a thug than a solicitor IMHO. And writing wills is hardly the stuff of a QC. Carry on. If youre in the right, you'll win.