claim against a former home owner

GentleGiant_2

Hi,

I did some work for a person selling a house. She now disputes my last invoice for under £100 claiming that I did not do the work.

The property has now been sold and she has now gone abroad.

Can I take her to a small claims court? I do not have a UK address for her, not even sure she has one.

What should I do?

Thank you.

ThumbRemote

Write it off. You're not going to get the money, and it's going to cost you over £100 of time and money trying.

System

Plus, I believe, that you can only raise a small claim against someone at a UK address

arcon5

You can use the last known address for small claims.

When you say she has now gone abroad.... permanently?

GentleGiant_2

As far as I know, yes. Certainly living abroad.

lincroft1710

Even if you get a judgement, how will you get your money?

GentleGiant_2

By hoping they return during the summer?

Although I assume, we would need to know their new address if they did come back?

ThumbRemote

GentleGiant wrote: »

By hoping they return during the summer?

Although I assume, we would need to know their new address if they did come back?

You've got 6 years - why not wait and see if they move back to the UK permanently?

Although I suspect my previous answer still stands - it's going to be more effort to get the money back than it's worth.

GentleGiant_2

Thanks.

I assume that if I pay for a small claim and they pay up, then I do not get the initial fee back?

Is it only if it goes to court would I get a refund?

Also what do they get - do they have a CCJ on their file - or is that only if it goes to court, or not at all?

wealdroam

GentleGiant wrote: »

Thanks.

I assume that if I pay for a small claim and they pay up, then I do not get the initial fee back?

Is it only if it goes to court would I get a refund?

Also what do they get - do they have a CCJ on their file - or is that only if it goes to court, or not at all?

If they pay up before it gets to court but refuse to pay any court fees you have paid, then continue with the court process for the remaining amount.
This is because those court fees have become part of your claim.

I'll leave the if/when a CCJ is issued to someone else.

unholyangel

GentleGiant wrote: »

Thanks.

I assume that if I pay for a small claim and they pay up, then I do not get the initial fee back?

Is it only if it goes to court would I get a refund?

Also what do they get - do they have a CCJ on their file - or is that only if it goes to court, or not at all?

Costs would usually be awarded too but there are instances where a judge may not award these or would award these against the winning party (if - for example - the judge felt you were wholly unreasonably in your behaviour).

As for CCJ - you can only get a CCJ registered against you if you lose at court at then fail to pay within the time allocated by the judge. If you pay within the allocated time then the ccj wont appear on your credit history.

How much is the debt? I know you said under £100 but if its only £40, personally I'd just write it off as you'll likely end up spending many hours chasing it.