Help please with money claim online

ksm

Thanks for your advice.
I'll send the N1 form with 14 days to pay.
Otherwise I presume she will have to pay the costs.

notsurewhereIstand

Horace wrote: »

ksm - I wouldnt mess about with the woman,

Horace, the claimant will have to have behaved in a reasonable manner, it is in the CP Rules, so that's bad advice.

candjsmum

I had an email from him today to say that he only received the summons today and seeing as he paid Friday night by paypal would not be paying the other £25. If i want this he would challenge it in court and he would insist "not enough was done to avoid court". Sorry but I think 2 invoice reminders, 2 text messages which I still have, and a letter before action are all enough but i am not sure that i want the hassle of having to pursue the £25 fee and maybe end up with more costs myself.

candjsmum

By the way, I havn't responded to him as I may end up saying something that I regret. He also says he is seeking advise from his "company solicitor".

covlass

This has happened to us in the past, keep calm send a email stating the facts and that you will give a him 10 working days to pay the outstanding amount failing to do so will result in further court action.

Do not forget to inform the court that a part payment has been received. As already mentioned the courts are quick in issuing summons.

Equaliser123

notsurewhereIstand wrote: »

Horace, the claimant will have to have behaved in a reasonable manner, it is in the CP Rules, so that's bad advice.

Yes, but if the Claimant has taken plenty of action to try and obtain money without recourse to litigation then that is sufficient.

Llyllyll

From your last few posts IMO you have approached this correctly and been more than reasonable.

A 'company solicitor' means nothing, probably 'mate down the pub' type advice and besides, whatever advice he may give still has be realistic and practical.

I would say that 2 invoice reminders, 2 text messages and a letter before action are indeed enough.

I was in a very similar situation when I went through this process about 18 months ago. Do as covlass has suggested (this demonstrates that you are again being reasonable) and allow him a further 10 days. I would be fairly sure that he will not go to court and ultimately, if he does, IMO the court would find in your favour (although this does not constitute legal advice ).

When you do reply simply state the facts (with dates etc.) and don't get embroiled in anything personal or anything that could show unreasonableness - this all goes in your favour.

richardw

Equaliser123 wrote: »

Yes, but if the Claimant has taken plenty of action to try and obtain money without recourse to litigation then that is sufficient.

So, is it 'reasonable' to start litigation without explicit warning?

Equaliser123

richardw wrote: »

So, is it 'reasonable' to start litigation without explicit warning?

Not necessarily sensible. However, as it would be Small Claims track, there are no cost implications in any event.

Mistral001

It really all becomes a game of poker when you start to claim unpaid fees back. You have to pay more fees and more fees and then more fees to send in the bailiffs etc. if they steadfastly refuse to pay the £25.

It might be a nice thing to boast about to your friends if you finally got your £25, but is all the outlay in time and money going to make good business sense over £25?