Help please with money claim online

ksm

Should I state, with a final reminder, that I will be claiming through the small claims court with added costs, if she doesn't respond to my final request for payment? So, give her fair warning of this? or just go ahead with claim on-line if she doesn't pay within 14 days (without warning her of potential extra costs)?

Horace

ksm wrote: »

Should I state, with a final reminder, that I will be claiming through the small claims court with added costs, if she doesn't respond to my final request for payment? So, give her fair warning of this? or just go ahead with claim on-line if she doesn't pay within 14 days (without warning her of potential extra costs)?

I would be inclined to write one further letter and send it recorded delivery that failure to pay within 14 days from the date of the letter will result in legal action being taken to recover the outstanding debt. That way you have informed her of your intentions should she fail to pay.

When you go to Moneyclaim online you are asked (if I remember correctly) whether or not you want to claim the costs from the other party - obviously you do want to claim costs.

Tighten up your terms and conditions too e.g. charging interest on outstanding debt at the prevailing rate.

Llyllyll

If it were me, as you have all the documentation and receipts showing payment dates etc, I would write again explaining to her that it is unfortunate that her payment and the summons may have crossed in the post (you only have her word that she didn’t get it until after she’d paid) but that you have done everything reasonable to try to avoid court (2 invoice reminders, 2 text messages and a letter before action) and that it was her failure to pay that gave you no choice other than to take the action you have.

Re-iterate the total amount of the o/s debt and give her another 14 days (incorporating Horace’s info). Don’t put things like “within 14 days of this letter” or anything unspecific that she can wriggle out of. Calculate 14 days after the date of posting (i.e. 20th December 2011) and use that actual date in your letters.