Small Claims Court

ftsos

I want to take a client to small claims court for around £10,000 of money owed. Can I make this application online? Does someone have a link for the relevant website?

I have searched online and on Direct Gov and I am going around in circles.

Please post the link if you know it.

Thanks.

111KAB

Yes you can and I will look up the link and post for you if someone doesn't beat me to it however I have gone through a similar situation and I am currently going through a claim for £7,500 for non-payment. IMO below £5,000 is not that complicated however above (i.e. my current claim) I had - in the end - to consult a solicitor as the forms were getting quite complicated. As I say my claim is for £7,500 and it goes to Court next week. With interest (one year), Court Costs (£520) VAT and solicitors fees the total claim is now over £11,000. From memory the submission of the claim will cost £220. The defendant who owes me money has none however he does have assets (house/car etc) but as he has no money he cannot afford a solicitor and quite frankly my guy is running rings round the defendant as he hasn't got a (legal) clue how to respond to the stack of questions/procedures the Court ask you to adopt when claiming over £5000.

111KAB

https://www.moneyclaim.gov.uk/web/mcol/welcome

Found it! All claims dealt with by Northampton then if you go ahead claim transferred to the local court of the defendant. Annoying for me as court local to defendant is not convenient for me or my solicitor.

ftsos

Hi, I am in a worse situation. The client is an established law firm. We are an IT business. They did not pay their previous IT company, and now they are not paying us. I have a nightmare situation. I cannot afford solicitors fees. I already approached a solicitor for general advice, and we have a really strong case, however, the cost become prohibitive.

My client is relying on the fact that we are a small business to be able to get away without paying.

The person that owes you the money, are they not a small business, if they are a small business, and a limited company, how can you go after their personal assets?

111KAB

Mine is a personal situation (ie not a business) so if/when I win the claim my solicitor will take a legal charge on the defendants house so that he cannot sell without the charge being lifted. I know his mortgage is considerably less than the value of the house. I may have to wait until he sells but the Court have already informed him that late payments attract an 8%pa surcharge plus I also know his building society are none to happy!
In your case I think you would definitely need a solicitor but in view of the defendant situation I would firstly report them to their appropriate professional body then secondly go to the CAB as they may be able to assist.

Premier_2

ftsos wrote: »

I want to take a client to small claims court for around £10,000 of money owed. Can I make this application online? Does someone have a link for the relevant website?

I have searched online and on Direct Gov and I am going around in circles.

Please post the link if you know it.

Thanks.

http://lmgtfy.com/?q=small+claims+court+online

You should note that small claims are usually limited to £5k
You can still start your claim online, but thought you should know.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195981

ftsos

Thanks.

Then I have been given the wrong advise by someone who used to be a lawyer, as he said it was anything below £15,000.

Premier_2

ftsos wrote: »

Hi, I am in a worse situation. The client is an established law firm. We are an IT business. They did not pay their previous IT company, and now they are not paying us. I have a nightmare situation. I cannot afford solicitors fees. I already approached a solicitor for general advice, and we have a really strong case, however, the cost become prohibitive.

My client is relying on the fact that we are a small business to be able to get away without paying.

The person that owes you the money, are they not a small business, if they are a small business, and a limited company, how can you go after their personal assets?

If your solicitor believes you have a "really strong case", then I'm not sure why he didn't also advise you that you would also be able to recover all your costs when you win ...
because, as I already said, it won't be tracked through the small claims procedure.

Voyager2002

ftsos wrote: »

Hi, I am in a worse situation. The client is an established law firm. We are an IT business. They did not pay their previous IT company, and now they are not paying us. I have a nightmare situation. I cannot afford solicitors fees. I already approached a solicitor for general advice, and we have a really strong case, however, the cost become prohibitive.

My client is relying on the fact that we are a small business to be able to get away without paying.

Surely you could find a solicitor willing to act on a contingency basis (no win - no fee). After all, when you win all your costs are usually added on to the amount the other side has to pay.

Alternatively, see if you can make a complaint about this firm to the Law Society: this kind of behaviour brings the legal profession into disrepute, and so their professional organisation tends to take a dim view of it.

ftsos

I do not have a solicitor. I asked someone who used to be a solicitor. I will try and find a no win no fee solicitor.

I will make a complaint to the Law Society.

Premier_2

ftsos wrote: »

... I already approached a solicitor for general advice, and we have a really strong case, however, the cost become prohibitive...

ftsos wrote: »

I do not have a solicitor. ...

:huh: :huh: :huh: :huh:

ftsos wrote: »

...I have been given the wrong advise by someone who used to be a lawyer...

ftsos wrote: »

...I will make a complaint to the Law Society.

Don't think they will be too interested.

I suggest you get yourself some genuine independent legal advice