Small claims court

[PositronicRay]

Not had need of this before so no experience.

A local trader owes me a couple of hundred for services not provided. That bit isn't in dispute, admits fault in his emails and promised a refund. Even sent me an unprompted email last week saying it'd been actioned.

Usually I just write these things off to experience, but this guys really pissing me off, and has been since Oct.

How easy is it to get him to pay up.

[IJWS15]

From what you describe getting a judgement in your favour should be easy.

Getting him to pay the sum the court award may not be.

[PositronicRay]

IJWS15 said:

From what you describe getting a judgement in your favour should be easy.

Getting him to pay the sum the court award may not be.

Thx, I'm confident of outcome, what happens if he still doesn't settle. CCJ?

[Wackywoo105]

PositronicRay said:

Thx, I'm confident of outcome, what happens if he still doesn't settle. CCJ?

CCJ will be the result of going to court (letter before action first). If he refuses to pay a CCJ then it's bailiffs/sheriff time. This still doesn't guarantee payment. It will depend on factors such as if he is sole trader or LTD and if any assets can be located an potentially seized. Just be careful you don't end up chucking good money after bad.

[PositronicRay]

Wackywoo105 said:

PositronicRay said:

Thx, I'm confident of outcome, what happens if he still doesn't settle. CCJ?

CCJ will be the result of going to court (letter before action first). If he refuses to pay a CCJ then it's bailiffs/sheriff time. This still doesn't guarantee payment. It will depend on factors such as if he is sole trader or LTD and if any assets can be located an potentially seized. Just be careful you don't end up chucking good money after bad.

So is it protocol you advise him you're going to the small claims court, before taking action?

[catman]

PositronicRay said:

So is it protocol you advise him you're going to the small claims court, before taking action?

Hi, yes. Head it as "Letter before action." Explain why the debt is owed, with copies of any correspondence. Tell him that you require payment within say, 10 days or you will go to the small claims court. It's just a way of keeping it out of court and to show that you attempted to resolve it first.

[PositronicRay]

catman said:

PositronicRay said:

So is it protocol you advise him you're going to the small claims court, before taking action?

Hi, yes. Head it as "Letter before action." Explain why the debt is owed, with copies of any correspondence. Tell him that you require payment within say, 10 days or you will go to the small claims court. It's just a way of keeping it out of court and to show that you attempted to resolve it first.

Thanks. Would an email do, or should it be a registered letter?

[Gixer968CS]

I've taken a couple of things to the small claims court (dry cleaner ruined and expensive coat, solicitor charged me for time she never spent on my case) and won both times. It was very easy. The dry cleaner never showed up, got ruled against and costs added to his bill which he then sent me a week later. The solicitor did show up, apologised for her "admin error" and also paid up.

If this guy is really annoying you, I'd say go for it as you really have very little to lose bar a bit of time.

[popeyewhite]

PositronicRay said:

catman said:

PositronicRay said:

So is it protocol you advise him you're going to the small claims court, before taking action?

Hi, yes. Head it as "Letter before action." Explain why the debt is owed, with copies of any correspondence. Tell him that you require payment within say, 10 days or you will go to the small claims court. It's just a way of keeping it out of court and to show that you attempted to resolve it first.

Thanks. Would an email do, or should it be a registered letter?

Send a registered letter. Google 'Small Claims Online'. You are supposed to give approx 8 weeks before threatening legal action. If they lose and are reluctant to fork out then it's the bailiffs, who they will have to pay for as well as costs.

[PositronicRay]

The guys refunded monies due, the matters closed. It still leaves a bitter taste in the mouth.

If he'd been prompt I'd still be using the shop his wife runs as a related side business.

[catman]

People can be dicks sometimes. At least you got your money back. Did you send him the letter?

[PositronicRay]

catman said:

People can be dicks sometimes. At least you got your money back. Did you send him the letter?

No, just another firm email.

[popeyewhite]

PositronicRay said:

The guys refunded monies due, the matters closed. It still leaves a bitter taste in the mouth.

If he'd been prompt I'd still be using the shop his wife runs as a related side business.

No one wins when this type of thing happens. Bottom line is some people are complete arsehats. You just have to try to avoid them!

[Pro Bono]

popeyewhite said:

PositronicRay said:

catman said:

PositronicRay said:

So is it protocol you advise him you're going to the small claims court, before taking action?

Hi, yes. Head it as "Letter before action." Explain why the debt is owed, with copies of any correspondence. Tell him that you require payment within say, 10 days or you will go to the small claims court. It's just a way of keeping it out of court and to show that you attempted to resolve it first.

Thanks. Would an email do, or should it be a registered letter?

Send a registered letter. Google 'Small Claims Online'. You are supposed to give approx 8 weeks before threatening legal action. If they lose and are reluctant to fork out then it's the bailiffs, who they will have to pay for as well as costs.

I realise the thread is dead, but in case anyone comes across it there's no need at all to use registered post - first class is fine. In fact sending it signed for may actually make things worse, as debtors who are expecting such letters will refuse to sign for them so they can prove the letter was not delivered.

There's also no need at all to wait 8 weeks - or any other specific time. 14 days is more than enough, and 7 is enough if you also send the letter by email.

The county court bailiffs are generally useless. They give up very easily, as they get paid a fixed salary irrespective of how they perform.

The most important thing to bear in mind in any litigation, small claims or not, is whether the defendant has the means to pay. It's often extremely easy to get a judgment, but it's equally often impossible to turn it into cash. And although the court fees are added to the debt that's only any good if you get paid, otherwise it really is chucking good money after bad.

[Terminator X]

PositronicRay said:

IJWS15 said:

From what you describe getting a judgement in your favour should be easy.

Getting him to pay the sum the court award may not be.

Thx, I'm confident of outcome, what happens if he still doesn't settle. CCJ?

I once had a chap ask me to do some work (in theory a new client) then just didn't pay for it after invoice sent. I got a debt collector involved who promptly told me not to bother as the chap had 15 or so CCJ's in his name! With hindsight this tool must just keep ringing people until someone agrees to help him out.

TX.

[popeyewhite]

Pro Bono said:

14 days is more than enough, and 7 is enough if you also send the letter by email.

Not sure 7 days is enough to give a dealer a chance to a. offer to repair a vehicle, and b. begin repairs on said vehicle.
I think the point of registered mail (even though it's not called that anymore) is to show proof of date you sent the letter, whether it's received or not. The whole point of waiting a few weeks is to show in court you have given the dealer a reasonable amount of time to repair the vehicle an individual purchased from them with faults.

[superlightr]

popeyewhite said:

Pro Bono said:

14 days is more than enough, and 7 is enough if you also send the letter by email.

Not sure 7 days is enough to give a dealer a chance to a. offer to repair a vehicle, and b. begin repairs on said vehicle.
I think the point of registered mail (even though it's not called that anymore) is to show proof of date you sent the letter, whether it's received or not. The whole point of waiting a few weeks is to show in court you have given the dealer a reasonable amount of time to repair the vehicle an individual purchased from them with faults.

its a disadvantage to use registered post as ProB has said. 1st class post is legally accepted by the courts.

but to be sure to be sure the court would be in our favour we would always sent 4 letters by 1st class post as requesting payment - big letters in each corner 1 -4 never failed.
so there is no question at all.

[popeyewhite]

superlightr said:

but to be sure to be sure the court would be in our favour we would always sent 4 letters by 1st class post as requesting payment - big letters in each corner 1 -4 never failed.
so there is no question at all.

Interesting, but as long as I have a receipt showing I've sent a letter to such-and-such a dealer that's all I really need. You may well be correct that sending by first class post x4 is more likely to get a response, and be more convincing to a judge... something I'll bear in mind for the future.... .