Small claim court

bikebarbie

hi, I m considering going down this route to recover a debt from an individual.
I have asked for my money back several times by text but have never received a reply.
From what I understand, when I apply to the SCC they will get a letter from the court about my claim and they 'may' settle before actually going to court.
If they do this can I still recover the costs that I incurred or not?
Thanks

arcon5

When you submit your claim, during the process it will automatically add the fee to the claim amount. It also gives you the option of adding interest to the debt. When they receive court papers it will state the full amount inc.fee.

shaun_from_Africa

One problem that you may have is that you won't be able to provide any proof to show that you've asked for the money to be repaid.
You can possibly show that you sent texts, but proving that they were received is a different matter.

What would be a good idea is to send a recorded letter to the person who owes you the money and inform them that unless they pay within a certain time then you will be commencing legal action against them. (if you do a google search for "letter before action" you will find templates for this letter.

Make sure that you keep a copy of this letter and also the recorded delivery proof.

bikebarbie

thanks both . Dont really want to send a letter as I dont want to give my (return) address.

arcon5

bikebarbie wrote: »

thanks both . Dont really want to send a letter as I dont want to give my (return) address.

The court papers will have your address on.

Your going to have to have some level of interaction with the debtor, whether it be via letter or when you both turn up to court. Difference being the court route is a long drawn out process with nothing but a CCJ at the end of it and no guarantee you will get the money.

If you can some how get the money before having to go through the process then it would save an awful lot of hassle!

Oliver14

Also you need to remember even if you win the court case it wont guarantee you getting your money back. If the person refuses to adhere to the court ruling it is your responsibility to employ baliffs etc (at your cost) to recover your money. So it could end up costing you more with no return so its best to weigh up if this is worth pursuing.

pinkshoes

bikebarbie wrote: »

thanks both . Dont really want to send a letter as I dont want to give my (return) address.

Then there is no point chasing the debt.

Before taking court action, you NEED to send them a recorded delivery letter giving them 14 days to pay the money owed, otherwise you will have no option but to take them to court for the money.

Once the 14 days have passed, THEN you can take them to court, but there is no point doing this until you have shown that you have taken reasonable efforts to recover it before court.

What's the problem with them having your address?

SailorSam

Small claims

This is the advice from the CAB, what you can claim and how.

abankerbutnotafatcat

pinkshoes wrote: »

Before taking court action, you NEED to send them a recorded delivery letter giving them 14 days to pay the money owed, otherwise you will have no option but to take them to court for the money.

Once the 14 days have passed, THEN you can take them to court, but there is no point doing this until you have shown that you have taken reasonable efforts to recover it before court.

Out of interest, what if this procedure isn't followed? i.e. straight from verbal discussions to court action.

arcon5

abankerbutnotafatcat wrote: »

Out of interest, what if this procedure isn't followed? i.e. straight from verbal discussions to court action.

Maybe the judge would refuse to award the fee for filing a claim (£35ish for most claims).

Optimist

abankerbutnotafatcat wrote: »

Out of interest, what if this procedure isn't followed? i.e. straight from verbal discussions to court action.

Following the Wolfe report in the late 1990s it was recommended that certain actions are followed,

If you don't follow these actions you tend to get a grumpy judge and the possibility of some costs against you.