Taking someone I owe money to to court

Tozer

You could ask the Court to make an order requiring them to determine how much you owe.

But very, very expensive to do so.

Horlock

Sorry duplicate post see below instead

Horlock

Thanks Tozer, do you have any idea what kind of figure we're talking about. If it's under £100 I'd certainly consider it - more than that I'm not sure.

I was wondering whether I could go for a small claims court - based on my guestimate of an outstanding balance. Say i estimate the balance as £500, pay the appropriate small claims court fee, and take it from there.

I've been reading Martins approach to parking tickets which basically is (I rephrase - in my opinion is - please don't side track the issue on my error), don't pay - go to court instead (because they probably wont bother) and if they do you only have to pay them.

This sounds fine in theory, my worry about trying this approach is they will start to add fees to my account while I wait for them to take me to court - if they ever do. While a cheap (indeed currently self repaying) loan is a nice thing to have. It isn't if they start adding fees right left and centre for me not paying. Plus I'm scared that when the court orders that I pay - which they will (I do owe the money) - that will count as a CCJ against me. Something I don't want effecting what otherwise is a blameless credit score. And leave me forever, (eg when I remortgage etc) having to tick the box I've had a CCJ!

DVardysShadow

Horlock wrote: »

Thanks Tozer, do you have any idea what kind of figure we're talking about. If it's under £100 I'd certainly consider it - more than that I'm not sure.

I was wondering whether I could go for a small claims court - based on my guestimate of an outstanding balance. Say i estimate the balance as £500, pay the appropriate small claims court fee, and take it from there.

I've been reading Martins approach to parking tickets which basically is (I rephrase - in my opinion is - please don't side track the issue on my error), don't pay - go to court instead (because they probably wont bother) and if they do you only have to pay them.

This sounds fine in theory, my worry about trying this approach is they will start to add fees to my account while I wait for them to take me to court - if they ever do. While a cheap (indeed currently self repaying) loan is a nice thing to have. It isn't if they start adding fees right left and centre for me not paying. Plus I'm scared that when the court orders that I pay - which they will (I do owe the money) - that will count as a CCJ against me. Something I don't want effecting what otherwise is a blameless credit score. And leave me forever, (eg when I remortgage etc) having to tick the box I've had a CCJ!

Horlock, stop trying to find reasons not to follow the very good advice you have and have more confidence in the advice and in yourself..

Basically, every time you phone, some lazy droid says to himself "oh it's Horlock again, which means work to resolve his problem - but if I mess him about, he'll go away and I won't have to do any work". You shouldn't have a problem with this, apart from one thing - the lazy droid will not bother to update your case notes properly or at all - so you won't be able to prove you contacted them and they probably wouldn't give you a complete set of notes if you went for a Subject Data Access request.

That is why you should write, recorded delivery, keep a copy and diligently get the receipt from the Royal Mail website. When you write, probably the same lazy droid screws up your letter and bins it. Should you be upset? NO! You are not writing the letter for anyone to do anything, you are writing it to prove that you tried to follow it up. Should you be upset that your case is not resolved? Only if it costs you. But if you keep the letters and the delivery receipts, you can turn around and say "I tried resolving that and wrote - here is a copy - so these extra charges are your problem". This will even work if they take you to court, because they will look pretty damn stupid.