Small claims court...

[Macneil]

I have a small dispute...do I have to give the guy notice that I'm going to claim in the small claims court?
I'm not interested in blustering letters and he won't take any notice anyway I just want to get it done. But am I obliged to give him a last chance to pay up?

[catman]

You should send a letter before action, setting out what the problem is, and how you want it resolved.

Explain to them that if you don't hear from them within (say) 10 working days, you will commence proceedings without further notice.

If it does go to court, you will need to show that you have tried to resolve the problem first. Remember that your letter will be read by whoever looks at your case, so just keep it polite and factual.

[Jasandjules]

It helps show the Court that you have tried to avoid litigation, which frankly you should do if possible. In your shoes I would send at least two letters with the second one stating if you don't have a resolution in say 14 days you will issue a claim without further notice...

[Macneil]

Well we've already argued it over and over but I see the sense in the replies thank you.

[TurricanII]

As well as the letter before legal action you may have to state your claim when you start the process, and copy this to the defendant. This guide might help:

https://www.gov.uk/government/publications/money-c...

[AJL308]

TurricanII said:

As well as the letter before legal action you may have to state your claim when you start the process, and copy this to the defendant. This guide might help:

https://www.gov.uk/government/publications/money-c...

The LBA is the statement of what you are claiming.

Someone mentioned sending two LBA's. Personally, I wouldn't. I'd send one setting out a reasonable response time and the methods by which the debtor can avoid legal action - payment in full, offer of instalments, etc.

The important point being that whatever you say in the letter you absolutely must follow through with as regards consequences if the debtor fails to respond or fulfil his obligations. If he fails to respond - court; if he fails to adhere to a payment agreement - court. If you don't then he'll just string you along for ever and if you then keep hassling him he may claim it's harassment if you ever do start recovery proceedings.

All that must be caveated with the fact that if he doesn't have the means to pay you then you are unlikely to see any money. Might be worth it for the satisfaction of spending a few quid to get him a CCJ though.

[Pot Bellied Fool]

Are you a business? And is the other side an individual or sole trader? In which case you'll need to comply with the pre-action protocol, since 2017 it's no longer enough to send a 7-day warning letter.

It's a PITA as you've got to send them copies of all docs, info on where they can get debt help, consider dispute resolution and then give 30 days for them to respond so the sooner you do it, the better!

More info: https://www.tridentrecovery.co.uk/harder-court-pro...

[EW109]

Here is the protocol referred to:

https://www.justice.gov.uk/courts/procedure-rules/...

[anonymous-user]

Ensure you properly explain why you have a loss, why that is down to them, how much that loss is and how you've calculated it. Give them a method with which they can pay. Be polite and avoid sarcasm. Write everything as if it will be read by a judge who knows nothing about the emotional side of your dispute.

The actual claim can be done via moneyclaim online.

They will receive the claim and must respond within a set time. If they don't you can apply for what is known as summary judgment.

If they defend the claim and issue their own counterclaim you MUST issue a defence within the timeframe.

If the sides can't settle it's very possible the judge will ask you both to consider mediation. You're not obliged to follow through with that, but it might not reflect well if the other side offer to do it and you refuse without good reason.