How much evidence is required to succeed at small claims?

How much evidence is required to succeed at small claims?

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Bristol spark

Original Poster:

4,382 posts

184 months

Saturday 21st May 2016
quotequote all
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

Bristol spark

Original Poster:

4,382 posts

184 months

Sunday 22nd May 2016
quotequote all
Thanks guys, sounds promising smile

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

Bristol spark

Original Poster:

4,382 posts

184 months

Tuesday 24th May 2016
quotequote all
Thanks, i sent a letter today giving till 1st july to pay, so will see if i hear anything...

Bristol spark

Original Poster:

4,382 posts

184 months

Friday 3rd June 2016
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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

Original Poster:

4,382 posts

184 months

Friday 3rd June 2016
quotequote all
Oh fk!! Just thought id google his name and home address, only turns out he is a bloody solicitor bangheadbanghead

Something tells me he knows how to play this game frown

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

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

Bristol spark

Original Poster:

4,382 posts

184 months

Friday 3rd June 2016
quotequote all
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! eek

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

Bristol spark

Original Poster:

4,382 posts

184 months

Saturday 4th June 2016
quotequote all
Ive just had a search on the SRA website, and i cannot find him as registered.

Perhaps they removed him after a previous indiscretion?


Are you allowed to "legally" be a will writer without being registered?


Ive also spent £3 on a land registry check on his "main" house (where ive sent the letters), and it shows him as the owner, along with RBS as mortgage.

Edited by Bristol spark on Saturday 4th June 10:24

Bristol spark

Original Poster:

4,382 posts

184 months

Monday 6th June 2016
quotequote all
Thanks,

I have initiated the claim, so will have to see if he responds in the next 14 days.