Defending a small claim.

Billy_Blake

Basically I took a deposit of £800 in 2008 for what can be described as a luxury item. I started did about £300 worth of work and fell ill. I kept in touch with the customer and explained what was happening. It became obvious that it was going to be a long term illness and started to claim ESA. In August the customer got impatient and started making his own deadlines (you will finish by 5 Oct 2009 or I will issue a small claim). I tried to reason with him but a sick note from the doc. wasn't good enough, he's seen me walking round town, well it is a mental health problem and I've been recommended to exercise. The worry was making my illness worse so I offered to pay back his deposit at £40 per month, a big lump out of ESA at £64.30 per week. Next thing a pack from the County Court arrives, £40 isn't enough, he's found out I have a lodger and wants his rent, despite that being subtracted from ESA.
So what to do? Fill in the Admission form N9A and make sure the difference between income and expenses is as small as possible, hope he still isn't satisfied and takes it to the next stage when a court officer decides, or contest the addition of his court fees on the grounds he's gone to court not as a last resort but without trying to negotiate. All the reply I got to a letter was "Your correspondence of XX Sept has been noted and may be used as evidence":rolleyes:

Caroline73_2

I'm not sure what your business was - but I would have imagined you could have had insurance to cover this kind of situation?

Had you spent all £800 on materials, was the £300 woorth of work including your time?

From last year to August is a long time for you to have customers money, it probably is too far down the line for negotiation.