Small claim and order for oral examination.

unclebulgaria

jenniemiller177 wrote: »

I went through this process recently and was told by the judge that the £100 would be added to the outstanding amount owed.

Can I ask if you found the Bailiff effective, did you succeed?

Brassedoff

If you have not succeeded I would not bother with chasing further, its under £500. Unless you want the silver bullet. Make sure you know the real trading address and consider the Sheriffs Officer as they were known, now High Court Enforcement Officer. They have powers far in excess of other Bailiffs and have 100% success rate for me.

unclebulgaria

Can't use the sheriffs as the debt is below £600.
Just a quick question to anyone reading this thread, how many times should anyone allow toe rags like my debtor to escape court? I've lost count of the times I've been told not to bother chasing this debt. Its no wonder these people keep running up debts!

Savvy_Sue

Obviously, if you want to do this as a matter of principle, you should. However, what people are suggesting is that if the debt won't be paid even then, you might want to put your energies into running your business and setting up systems to ensure this doesn't happen again. Your call.

Brassedoff

unclebulgaria wrote: »

Can't use the sheriffs as the debt is below £600.
Just a quick question to anyone reading this thread, how many times should anyone allow toe rags like my debtor to escape court? I've lost count of the times I've been told not to bother chasing this debt. Its no wonder these people keep running up debts!

You can, I used one recently for a clients debt of £460.00. I simply referred it straight to the HCEO

But as I have said. In this instance I honestly do not think its worth chasing.

unclebulgaria

I understand its very easy to get carried away with the red rag to a bull syndrome and allow myself to be carried along with this case but, I know of 7 different people this professional defendant has left without payment and its only because people don't want to bother chasing him.
Just to say if you can tell me how a plumbing and heating engineer actually sets up a fool proof way of making sure he's paid then I'll run naked down my street!
No-one, unless they're silly, would give someone money before they start work. How do I set up a fool proof way of payment when the firm is 200 miles away? There has to be an element of trust and when its broken the small claims court are supposed to be there to help us get justice.

How much did the Sheriffs cost?

Wywth

unclebulgaria wrote: »

I understand its very easy to get carried away with the red rag to a bull syndrome and allow myself to be carried along with this case but, I know of 7 different people this professional defendant has left without payment and its only because people don't want to bother chasing him.
Just to say if you can tell me how a plumbing and heating engineer actually sets up a fool proof way of making sure he's paid then I'll run naked down my street!
No-one, unless they're silly, would give someone money before they start work. How do I set up a fool proof way of payment when the firm is 200 miles away? There has to be an element of trust and when its broken the small claims court are supposed to be there to help us get justice.

How much did the Sheriffs cost?

Cash up front.

No-one, unless they are silly, would extend credit to anyone unless they were confident of getting paid.

I trust you will be posting the photos of your streak here on MSE :cool:

unclebulgaria

LOL I defy you to find a customer who will pay up front, well not here in staffs anyway, I've tried it and I'm looked at like I've just asked them if they mind me mugging them.
Dom Whatshisface and Co have put people off that one.
To be honest I haven't had, touch wood, problems with my everyday Joe Public business. Its the builders, Companies that I find really try it on.

Brassedoff

unclebulgaria wrote: »

sorry for the late reply.
No I haven't done a credit check as the company has only been going since 08/12 and its accounts won't show enough, if any, information.
Yes its a limited comapny YOUR BUILDING MAINTENANCE LTD of Leigh On Sea, Essex. (text removed by MSE Forum Team)
The debt is now £340.00 with court costs. Yes some may say its maybe not worth chasing but he laughed on the phone when I mentioned small claims and that lit my fire!
Its no longer called an oral examination lol

Look, I'll be frank. You may as well write it off. We had a discussion with you a month or so ago where we chirped in and said write it off. Now you are looking to go down. The oral examination route, but question the £100 it will cost.

Oral examinations just allow the defendant to sit there and be made to answer questions under oath. I will tell you from experience, if it the director of a company the line "I don't have those records to hand", or "someone else is responsible for that". You will not be allowed to ask about any.questions, that's done by the DJ or court officer, although you can write no more than four questions to the court asking for leave to have the court enquire. It does not mean the court will ask the question..

Are you prepared to pay the defendants costs of travel and loss of earning for the day you want the oral hearing? Don't forget you have to pay the money into the court with at least 7 days before the hearing.

Once that is all over, you receive the answers in writing. You can then decide where the answers show the possible money for you to then instruct the bailiff (again).

Back on the Hamster wheel.



I can tell you if they turn up, you will find they claim not to have the info or they don't have any work to pay. They have insufficient funds to wind the company up too!

As I said before today and I will say again, hiding to nothing. Better spend your time going on all the consumer review sites and bomb them out on there, drying up any work they might get by that method.

unclebulgaria

I am grateful for your input Brassedoff but, you're slightly wrong regarding the questioning of the defendant. I've applied to personally question the defendant in court with a judge present not a court official, this request is with the judge atm. That oral examination cost me £50.00. The Bailiffs fee cost me £100, the only reason I chose this route was the distance from me and the fact I would probably ring his neck if we met in person. He won't be allowed to request travel expenses because its on his doorstep and as for his lost earnings he can't claim them as he's in default. As for slating his pathetic firm I've done that everywhere I can find it listed as well as here and another forum.
I don't intend to drop this claim as long as I have a hole in my backside. If I have no luck following the legal route I will plant myself on his company building roof with a loud hailer and call the local press in for a little show. Either way he will think twice before he tries to take any other trusting fool for money he knows damn well he owes out!