Small claims court, is it worth it?

Hazel2705

Long story which I won't bore you with.

Basically my ex landlord owes me £130 which he refuses to pay. If I take him to a small claims court how does court make him pay? I've been told today by a friend that if you win you won't necessarily get the money back as it's not enforced by the court .

Thanks

Sorry if this is in the wrong section.

isplumm

Hi,

It doesn't cost much to take someone to the small claims court - if he doesn't pay up, then you can get a ccj against him & eventually send in bailiffs ....

But I suggest that you write him a "notice of action" letter .... giving 14 days to pay, otherwise you will take him to court .... send it recorded delivery.

Also look at https://www.moneyclaim.gov.uk/csmco2/index.jsp

Mark

Hazel2705

Thanks, I've done the warning and given him notice of court. To be honest it's been dragging on for months I'm close to giving up and just walking away from it.

olly300

I hope you stated you will charge interest in the letter and put the amount of interest due.

Most landlords pay up immediately either once they get the court claim or its near the hearing date.

They think they can get away with taking amounts of around £100 from tenants but once they realise you are serious about going to court will pay up.

pinkshoes

Hazel2705 wrote: »

Thanks, I've done the warning and given him notice of court. To be honest it's been dragging on for months I'm close to giving up and just walking away from it.

Did you send it recorded delivery? Did you specifically entitle it "letter before action" and give him a specific date to pay the money by?

If yes, then go ahead and start the small claims court thingy. It'll cost you about £30 to do it online, and worst case scenario if he doesn't cough up, at least it will totally screw up his credit rating!

Hazel2705

Would I get the court fees back? From what I can see it's £35 for the small claims court and £50 for a ccj.

savemoney

Only take someone to court if you are certain you have a good case and or sure they have the funds in which to pay.

The court cant make him pay even if you win, you would then have to go into more costly bailiffs that's assuming they have anything of value

Hazel2705

pinkshoes wrote: »

Did you send it recorded delivery? Did you specifically entitle it "letter before action" and give him a specific date to pay the money by?

If yes, then go ahead and start the small claims court thingy. It'll cost you about £30 to do it online, and worst case scenario if he doesn't cough up, at least it will totally screw up his credit rating!

Thanks, I haven't done a letter before action. I shall do it all properly.