Query about small claims court

mowareking · 14 November 2017 at 10:24AM

Hi all,

First off, if I have put this in the wrong section, I apologize.

I lent someone £6000 3 years ago and he still owes me around £2500. However, we are not getting anywhere so I am looking to go through the small claims court to get it back.

My question is this.... I live in Manchester and he lives in Southampton. If this case does go to a hearing, would the hearing take place where I am based, Manchester, or where he is, Southampton?

Thanks in advance to all help given and it is very much appreciated.

StopIt · 14 November 2017 at 10:41AM

I think the person being claimed from has the right to ask for the court to be local to them.

One to get advice from the courts themselves, or the CAB or friendly local solicitor with experience in this to make sure.

Integroo · 14 November 2017 at 12:28PM

You can raise the action in your local court, but the court will normally transfer the case automatically to the defendant’s nearest county court if (a) the case is defended and (b) the defendant is an individual (not a company). If there is any particular reason for it to be heard in your local court instead, you can ask the court to have it heard there, but you would need a good reason.

mowareking · 14 November 2017 at 2:59PM

Integroo wrote: »

You can raise the action in your local court, but the court will normally transfer the case automatically to the defendant’s nearest county court if (a) the case is defended and (b) the defendant is an individual (not a company). If there is any particular reason for it to be heard in your local court instead, you can ask the court to have it heard there, but you would need a good reason.

Thank you for the responses I appreciate the help. I am most likely going to apply online on moneyclaim gov website

Is this when I would notify that I would like the hearing to take place here in Manchester or is that done later?

Again, thanks in advance.

System · 14 November 2017 at 3:12PM

Are they a friend/relative? Did you have anything about the agreement in writing?

mowareking · 14 November 2017 at 3:15PM

Tarambor wrote: »

Are they a friend/relative? Did you have anything about the agreement in writing?

They are a distant relative with no agreement in writing. I have statements to show the loan going into his account and the money he returned, minus the £2500 still outstanding

Integroo · 14 November 2017 at 4:18PM

mowareking wrote: »

Thank you for the responses I appreciate the help. I am most likely going to apply online on moneyclaim gov website

Is this when I would notify that I would like the hearing to take place here in Manchester or is that done later?

Again, thanks in advance.

I would make the application, wait and see if it is defended, if it is see what court it has been assigned to, if it is not your local court (which it is unlikely to be) find the relevant form to make an application to the sheriff for an incidental order, fill it in asking for the hearing to be moved, and submit it to the court. You would likely need a (very) good reason though - I doubt they would agree as a matter of course. It being more convenient to you is not likely to be a sufficiently good reason.

dresdendave · 14 November 2017 at 5:25PM

mowareking wrote: »

They are a distant relative with no agreement in writing. I have statements to show the loan going into his account and the money he returned, minus the £2500 still outstanding

So he'd been a great friend over the years and in a fit of generosity you decided to gift him £6000. He initially accepted it but then decided you had been over generous and returned £3500 to you.

Obviously the above isn't what actually happened but with no written agreement can you prove otherwise?

However based on most posts on here about lending to friends and family, you've had a result actually getting back over half of what you lent!

ReadingTim · 14 November 2017 at 5:59PM

Taking the matter further costs time, energy and money. Even if, despite then lack of anything more than circumstantial evidence, you "won" in court, you'd then have to enforce that judgement if he simply decides not to pay. so more time, effort and money.

Basically, you're throwing good money after bad on this one, so galling as it may seem, it's probably a better use of time and a less stressful course of action to simply let it go and chalk it up to experience as to why it's never a good idea to lend money to friends and/or family.

Sorry if this isn't what you want to hear, but there are plenty of stories like yours on these boards, and none of them ever gets their money back...

ciderboy2009 · 14 November 2017 at 8:39PM

OP - As others mention, I would seriously think about whether or not it's worth you putting in a claim for this money.

You don't have a very strong case - dresdendave gives a perfect example of why.

To issue the claim will cost you just under £200. If defended then the hearing fee will be a further £170 (assuming that it's allocated to the Small Claims Track). If you win the case then these two fees will be added to the judgment amount so you may get them back.

To make the application to the District Judge to have the case heard at your local County Court will cost you £255. It is highly unlikely that this will be included in the costs if you do win the case and, in my humble opinion, you are highly unlikely to succeed in your application as it goes against the main reason that the case gets transferred to the defendant's local court in the first place.

Even if you do win then has the person actually got the money to pay you back?

If not then you're unlikely to see anything or may get an award of £1 per month.

You will also incur further fees if you have to enforce the debt.

Sparx · 14 November 2017 at 9:15PM

OP do you know if this person is employed? (not self employed or you're screwed) You could apply and if you won, and it would cost more money, go for an Attachment of Earnings. Dependant on their earnings it may take a number of years to see the money back though...

Alternatively if you won, pay another chunk of money to take it to the High Court if you're aware this person has assets/car (with no finance owed) that could be seized/sold to repay your debt.

Otherwise if this person is A. not employed and/or B. has no valuable assets - this is a pointless exercise and throwing good money after bad.

Query about small claims court

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