Help!Buyer constantly delaying payment

motorguy

Personally, sod it, he had more than a fair chance to sort all this out. If he is not paying you everything including all your costs, then let it go to court.

don't cancel any court action unless you have CLEARED FUNDS, ie NOT just a cheque in your hand

wifeforlife

Ashy I've been watching this thread for days, whatever you do don't cancel the court proceedings for at least 2 months after the cheque has cleared, I've seen cheques 'bouncing' after that amount of time

Be careful, goodluck
Cath

jaffa30

Bump


Any news ashy

Kaminari_2

Ashy, I would never have conversed with him again and let it run its course with court. You gave him plenty of opportunity to pay and all he did was play games. It was mentioned in a previous thread how silly it would be to converse with him again, you didn’t have to accept the new MSN address or when you knew it was him you could have simply blocked it yet you show your naivety and good natured ness by hearing him out (again). You are just giving him more opportunities. JUST LET THE COURT SORT IT OUT AS HE WILL CONTINUE TO PLAY GAMES WITH YOU!

beardface_2

Ashy Mashy. I have only flicked through the threads so there may be some stuff I've missed.

I work in the county courts so know a bit about Small Claims. Now you have started the ball rolling time is on your side and not his.

Make sure you get the cheque from him. Whether you accept it without the £30 court fee is up to you. You ARE entitled to it though. Do NOT discontinue the small claim until the money has cleared and in your account.

Make sure you have got all your copies of correspondance. The taped recording will be of no use. I have seen them used but they have always been from call centres, with the warnings "you are being recorded" etc and they always have to be transcribed (just more costs).

Keep us informed

ashy_mashy

no news yet, what shall I do if he sends a cheque?can I reject it?

gromituk

I'd say reject it unless it includes the £30 court fee. Otherwise, cash it, and check with your bank that it has "given value". Can cheques be stopped after this stage??

beardface_2

Whether you accept the cheque is down to you.

You have issued a claim for x amount in the small claims court. Amount x now includes the £30 court fee. He will have received the claim form saying he has to pay x amount or 1) admit to a lower amount (called part admission), which you can accept or reject. 2) defend the case saying he doesn't owe you that money.3) Completely ignore the situation and hope nothing happens.

If he sends you a cheque for the amount he originally owed you can cash it and then still request a judgment against him for the court fee. You will have got a request for judgment form when your claim was issued, on there you fill in the amount that has been paid and the oustanding balance, in this case the court fee.

I don't know on what date the claim was issued but he only has 14 days to file his acknowlegment that he has received the claim. If the court has not received anything at all within 14 days of service you can request judgment. If he does file an acknowledgment you will receive a form from the court telling you his intentions.

xfoxuk

Take his cheque, and than demand another payment for the court fee.

DesG

Has a date been notified for a hearing yet ashy?

Cheers, Des.