pursuing an "admitted" debt

[big hair]

Someone owes me money - they basically sold some of my stuff on ebay for me but then kept the money. They have admitted they owe me the money but now refuse to return calls/texts etc.

Would copies of texts from the person admitting they owed me the money be enough to pursue through the small claims courts?

[Einion Yrth]

Probably, talk to a solicitor most will give you half an hour or so gratis.

[burwoodman]

Einion Yrth said:

Probably, talk to a solicitor most will give you half an hour or so gratis.

are you serious. op file a county court claim.

[anonymous-user]

big hair said:

...

Would copies of texts from the person admitting they owed me the money be enough to pursue through the small claims courts?

Yes. Main issue: what chance have you of enforcing a judgment against such a person?

[big hair]

I'm confident if enforced then there would be a good chance of reclaiming the money from "possessions" etc - the value is around £600.

I was just wondering if a few texts admitting the debt and saying they will pay at a future date is suffice?

[Lurking Lawyer]

big hair said:

I was just wondering if a few texts admitting the debt and saying they will pay at a future date is suffice?

As long as you can satisfy the judge that the sender of those texts was the defendant to the claim, and the texts are unambiguous in what they are saying about repaying the amounts, there's no reason why they shouldn't be accepted by the court as evidence of the agreement you say was made.

[big hair]

thanks

I'm hoping that "You can have your money when I've got it" should be ok!

[bad company]

If you issue in the small claims Court there is a fair chance he will fold and just pay.

[big hair]

hora said:

Look at the settings on your phone. Mine deletes texts after a set time/they disapear.

I've taken screen shots of the messages as proof

[Funk]

This may help you OP:

https://www.gov.uk/make-court-claim-for-money/over...

[JustinP1]

big hair said:

I'm confident if enforced then there would be a good chance of reclaiming the money from "possessions" etc - the value is around £600.

I was just wondering if a few texts admitting the debt and saying they will pay at a future date is suffice?

If the total debt is more than £600 including court costs, then for £60 you can escalate the debt to the High Court.

The High Court bailiffs have a lot more powers to turn up and take stuff. They also only get paid for what they recover for you, and take their commission from the debtor.

Effectively, if you know that there is stuff to take and is takable, you have the best chance that at some point along the line you will get paid.

[big hair]

The debt is £600 so I presume I add the court costs to this and escalate it straight to the high court?

[anonymous-user]

Sue via MCOL, but after judgment you can enforce using High Court methods.

Set out your claim clearly and without emotion, narrating the factual history and that the defendant has admitted liability to pay.

[blindswelledrat]

big hair said:

The debt is £600 so I presume I add the court costs to this and escalate it straight to the high court?

You get the CCJ via moneyclaim online (takes 14 days if undefended) and then you escalate the claim to the High Court for enforcement. Costs and interest will be added

[catman]

I'm constantly amazed at the amount of people posting here, who have been shafted by "friends" and Family.

It's bloody depressing that there are so many aholes who see nothing wrong in keeping something that isn't theirs.

What do they mean by "you'll get paid when I have the money?" It was never theirs to spend in the first place?

Tim

[Soov535]

Statutory Demand. Google is your friend.

[bad company]

Soov535 said:

Statutory Demand. Google is your friend.

Very potent as long as there is no defence.

[big hair]

catman said:

I'm constantly amazed at the amount of people posting here, who have been shafted by "friends" and Family.

It's bloody depressing that there are so many aholes who see nothing wrong in keeping something that isn't theirs.

What do they mean by "you'll get paid when I have the money?" It was never theirs to spend in the first place?

Tim

sadly agree!

I might do the statutory demand but thought it had to be over £750 in order to do that?

[bad company]

big hair said:

sadly agree!

I might do the statutory demand but thought it had to be over £750 in order to do that?

Sorry, you are right. It has to be at least £750.

As stated above if you just issue a small claim online there is a decent chance he will just pay rather than go to Court.

Good Luck !!

[Soov535]

big hair said:

catman said:

I'm constantly amazed at the amount of people posting here, who have been shafted by "friends" and Family.

It's bloody depressing that there are so many aholes who see nothing wrong in keeping something that isn't theirs.

What do they mean by "you'll get paid when I have the money?" It was never theirs to spend in the first place?

Tim

sadly agree!

I might do the statutory demand but thought it had to be over £750 in order to do that?

Does interest push it over?