ex owes me 5k..worried i won't get it back

unholyangel

wine_night wrote: »

If you do decide to go down the legal route, the court will need to satisfied that you have given the debtor every opportunity to make the payment.

Therefore you may want to write to your ex formally requesting full payment of the outstanding amount by x date (suggest 7-14 days from the date of the letter). If payment is not made by that date then you may wish to send a final letter indicating that court action will be taken if the payment is not received by you within says 7 days. Keep copies of the letters, and it may be an idea to send the final letter by registered post, in order to prove that your ex has received it.

Good luck!

Can I reword that to "the court will need to be satisfied that you have given reasonable opportunity to make the payment".

Courts do not expect you to be a doormat. But nor do they expect court to be a first resort.

LandyAndy

https://www.gov.uk/make-court-claim-for-money/overview


There is no such thing as the 'small claims court'.


Civil claims like this are dealt with in the county court and may be allocated by the court to one of several tracks, one of which is the small claims track.


If you file your claim online then, for a claim of £5000, you will have to pay a fee of £185 (£205 if you file a paper claim using Form N1) . This is added to the amount of your claim and you will recover it if you get judgement.


You need to write (not text or email) to him asking for your money back within two weeks or his proposals to pay. If he doesn't reply or doesn't offer an acceptable proposal then write again and demand payment within 14 days or you will commence legal action. Head this second letter 'Notice Before Action'. If that still doesn't get a satisfactory response then commence legal action. It's pretty straightforward to do.


You don't need to send the letters 'Signed For' (what used to be called recorded delivery) just get a proof of posting from the post office. Legally the letter is deemed to have arrived 48 hours after posted if you have proof of posting.

aygotaclue

Thankyou everyone for your input.

Landyany - thanks for that very useful information I will definitely give what you have suggested a try.

Beckyy- yes I have made a few copies of the agreement and have them in safe keeping