Small claims court

[sams dad]

I'm a builder and I am having difficulty with a couple of customers who are "reluctant "to pay the money they owe me.The amounts involved are £750 and £1350,and if necessary I shall take the matter to the small claims court .Has anybody had any experience of this process? Is it a fairly simple procedure?
If judgement is awarded to me ,what steps can I then take to recover the money?Any advice would be appreciated.

 

[Cian]

Only in Ireland, but I beleive the UK system is similar

I took HP to the SCC over them wiping my hard drive in a laptop with no consent. HP failed to send a rep to the hearing, which I wasn't even needed at. I was awarded everything I asked for (€550 I think it was), but its not like the courts system actual go and get you the cash - all you have is the judgement. Initial cost was something like €25 to file the case.

HP paid me, however.

 

[LANGDON SEAGULL]

This may help:

http://www.bbc.co.uk/crime/law/smallclaimscourt.shtml

 

[Shropshire Seagull]

I've used the county court and it worked very well.

I bought a car that was adverstised in Exhange & Mart - the ad stated it had 6 months tax. It wasn't till I'd had the car a week that I noticed the tax had expired. I spoke to a trading standards officer (by chance) and he advised the following:

Send a recorded delivery letter explaining what you are asking them for, how much, and why - end the letter with "if this has not been paid in full within 14 days I shall be taking the matter to the county court".

Give 'em 3 weeks and then pop into your local County Court. The fees are stepped depending on how much you are claiming - with mine, I was claiming £90 so the fee was a tenner which the defendant has to pay if the magistarte finds in your favour (you being the plaintiff). They help you fill the form in and away you go. My claim was paid soon after receipt of the summons being served - basically the guy admitted his guilt before going to court.

If the defendant challanges the case, they have to present in court with their evidence - the magistrate will then make his decision (all done in chambers, nothing theatrical). If the defendant looses the case but still refuses to pay (gets to the bit where I'm less sure now) the court will instruct bailiffs to sieze goods to the value of the debt - will sell/auction them off and send you your cash (doubtless keeping a wedge for their endeavours).

It worked for me ... good luck.
The feeling of righteous retribution through the judiciary gave me a warm feeling (like when we scored the 3rd at Leeds the other week) Yeeeessssssss!!

 

[perseus]

Personal experience. It takes ages, nine months or so. There are bills to pay as well. I think it was three bills of about £50, about seven years back. I think I got all this back.

I went to a solicitor for advice under the Legal Aid scheme because the firm I was contracted with went out of business and I lost my income. The solicitor used his headed notepaper and about the only thing he did was to use his calculator to add on interest payments which considerably upped the claim on my part which was for £1350 or something like that. Upped to £1750 or was it £750 and upped it to £1350, I can't remember.

It went on for such a long time that I decided to forget about the money and I was about to write to them suggest they make an offer when the firm paid up in full before we went to Court. They did not even respond until the very last stage.

However, such was the palaver that I decided I could not bothered to pursue my claim against Tiny Computers for selling me a computer that did not work at all, which is what I used the money for. So it was all for nothing in the end.

I would be inclined to pursue the money on principle with a business transaction, or else other people will try it on as well.

 

[dougdeep]

I've used it once and found it worked well. Always make sure the person has the money to start with though, or you are just wasting your time. The bloke I after pretended that he was penniless and all his possesions were in his wife's name, so I had him black-listed. It all went quiet for a few months, until he tried to get a loan and nobody would lend him money. Only then did he send me a cheque with a letter begging me to write a letter to the court saying that he had paid. I must have forgotten though.

 

[sams dad]

Thanks for the advice ,People.
I'll send both of the debtors a letter explaining that I propose to use legal action to recover the money,if they still don't pay up then I'll take them to the small claims court.

 

[Beach Hut]

I did an insurance claim via the small claims court, funnily enough against a builder who drove into me

Took a long time but I did get my money back about 9 months as stated.

Seems like you're only choice although could you sell the debt on ?

 

[Beach Hut]

BTW there was a cap of £500 but my claim was around 14 years ago so inflation may have kicked in.

 

[sams dad]

BTW there was a cap of £500 but my claim was around 14 years ago so inflation may have kicked in.

Debts of up to £5000 can now be recovered through the Small Claims court

 

[BUTTERBALL]

You can start the recovery process of the debt online and it's quick and easy. Plus it works.

Here's the link:

https://www.moneyclaim.gov.uk/csmco2/index.jsp

 

[rool]

I used to use an agency that would look after it for you. They would charge something silly like £4 to send a standard letter out and in most cases just getting a letter from a legal company is enough to scare them into paying.

If it went to small claims they would look after it for a percentage of the amount recovered plus costs, which they would then add onto the claim and get from the defendant if successful.

I'll try and find out who they were as it was much easier and less time consuming than doing it yourself.

 

[BUTTERBALL]

Money claim online is far less hassle, I promise you. Just follow the step-by-step instructions, I think it costs about £35 and debtors do respond as the letter comes direct from Northampton County Court.

 

[Chicken Run]

why dont u factor the debts