Making a Claim in Small Claims Court - Please Help Me

[Deleted User]

To cut a long story short:

Me and ex split in June this year, he bought me out of the house after we had various estate agents valuations, all fine here, money paid to me and sorted.

However, because my ex couldn't get credit on a chocolate bar, I had a c.card and loan in my name (loan for 5k and c.card for 3k and also an overdraft). These were for things that we had done together, e.g an £2500holiday, stuff for the house, I could go on.

Although he said these were in my name (yes, they were but I said he was partly responsible) he said he would pay me £2500k towards this and had his solicitor send me a letter confirming that he would pay me £2500 within 4 months of the letter towards my personal debts, therefore if you look at it widely admitting part responsibility for this otherwise he would have refused to pay anything.

Yes, you guessed it he should have paid me this money by Saturday and he hasn't and has told me to 'take him to court'. Belieive it or not, I've rung the firm who wrote his letter and they have advised me to take him to the smalls claims court as you have written documentation of his intention (he has fallen out with this sols over another matter, not relevant to this, but they have no time of day for him).

What do I do? I'm desperate for the money however don't want to get a big sols bill. I've just filed a claim through Moneyclaim for my bank charges so I'm familiar with this.

There was no separation order conducted when we split, just this one agreement in respect of the £2500 he agreed to pay.

Please can someone help me, I'm at the end of my tether. PM me if need be.

Thanks

hjb123

The BBC has a page all about the small claims court that may be of use to you.

I would advise to maybe get some help or advise from the Citizens Advice Bureau and look at what the BBC says on that site.

Dont give up or let it get to you too much - I know its easier said than done but theres always people on here to talk to!

As long as you have all the documentation etc that is relevant then you should have no probs - hopefully

chuckles1066

If you're familiar with the SCC then you'll know you don't need your own solicitor and if he's silly enough to bother with them then he can't claim their costs in the SCC.

I've won a case against a major tour operator in the SCC without going near a solicitor (they used a very seedy outfit and still got stuffed).......just bear in mind that winning is totally different to actually getting your money.

Enforcing judgement is actually a tougher task than going to court and obtaining judgement.

Bossyboots

rachelandgromit wrote:

Belieive it or not, I've rung the firm who wrote his letter and they have advised me to take him to the smalls claims court as you have written documentation of his intention (he has fallen out with this sols over another matter, not relevant to this, but they have no time of day for him).

Those solicitors have acted illegally in saying that to you regardless of how they feel about their former client. The have left themselves wide open to a claim against themselves now as not only have they given you advice, that advice is to his detriment.

You should take the correspondence to an independent solicitor and ask for advice. You should be able to do this for free if there is a firm in your area that offers this service or on a reduced "fixed fee" basis for your first interview. After that, if the advice is to go ahead and sue, then you just go down the same route as you did for bank charges. The only question in my mind is how binding that correspondence is so you need to take advice from someone who can actually see it and advise. You should be able to handle the rest yourself and if you do need advice in the future, just book another appointment somewhere else for another fixed fee.

Leigh-Anne_60

Hiya

I went through exactly the same as you 6 years ago, i was owed 3k from an ex - It was all agreed through the sols that he would pay x amount per month - and after 2/3 months he defaulted. I took him through the small claims route without the assistance from a sol (couldnt afford one) and really it is quite an easy, user friendly process.

He failed to appear at the court hearing so the case was automatically defaulted in my favour - to cut a long story short he in the end he dogded payment by claiming that he was unemployed (after bayliffs etc getting involved) After about 18 months i gave up the chase as was fed up with him messing around

I cant remember exactly how much it cost - but think it was around £50-£70 to put through the court - Well worth it i would say to give you a chance to get some money back

What line of employment is he in? My ex was a jobbing builder - with contracts lasting only 2-3 months - So he got away with it cos he would only respond to the courts whilst he was in between contracts - and therefore as no income they could not enforce payment :mad:

Would suggest if you can speak to the CAB, alternatively there is quite a lot of info around on the net

Cheers

LA

Emms

Ive filed a claim in the small claims court (in scotland tho so slightly different) and it was only £40 to file it. It then gets sent to the defendant and they have a certain length of time to respond. They can contest the claim or agree. If contested then I think it goes to court. If they agree to pay then they can pay you in one go or offer a payment term. If you reject their terms and decide to go to court then you both need to go on the set date. If he fails to show then he automatically loses and will need to pay.

My guy set a payment term that I agreed to and then he never paid. I had to get sheriffs officers involved and because he was unemployed they couldnt enforce it but I guess he started to feel guilty as hes been sending me cheques whenever he can afford it so it all worked out good in the end and he ended up paying £70 more than the original amount cause all the fees got added on to it

Good Luck!

Emma