Small claim court against me

ktcoil

Hi guys, not sure if this is right area for this but got a question, I was friends with someone and via text they asked if me and my partner wanted to go to a concert which would be 60 each, I agreed and said couldn't pay the money for couple of months they said that is fine they will pay and we pay later on, we then had a big falling out and a week before he was demanding the money as he said he tried to sell on eBay but couldn't, we didn't wanna go as would be bad and didn't wanna pay as we had falling out, on the text we have said we would do, at one stage I said did you want me to put money in ur account and he said no just when your next out. He now says as he didn't sell them he is taking us to a small claims company for this money, he said the 60 each will turn into 150 each and there will be something on our file for 6 years and he said only him can lower this.(he works for a company that deals with selling houses, so quite law know lagged and has access to a lot of details), he also said we won't be able to get a mortgage for 6 years with this on out account which we were looking at getting a mortgage in the next year or two, is all this too, also does he need to provide unused tickets in court as well as proof that he tried to sell I eBay or not? I have a feeling e would have took Someone else or not tried to sell on eBay. That's for reading this long questions lol

enfield_freddy

small claims company , no small claims court


yup, he probably sells houses , and has lots of legal knowledge NOT


he can take you to court , anyone can , if he wins and you pay up within 28 days its null and void , and will not affect your credit or mortgage applications.


if you loose and don,t pay , he can apply for a CCJ , which will affect you.

ktcoil

That's so if he wins and fair enough there will be intrest or fees, if that is agreed to be paid within the 28 days I will be fine and not to worrie about applying for a mortgage with this being on my account, and he couldn't do this half could he, he sorta uses the law and laywer words before in the past and he actually has me name and my account and sort code from a while ago, that's again for ready and replying

terryw

Why not just request that he sends you copies of the unused tickets and a copy of the EBay listing to allay your fears? If he does this then just pay up.

If not then you have proof to show the judge (if it ever gets to that) that you have tried to resolve the problem as after all the burden of proof is with the claimant.

Send by letter not text or email, keep a copy and obtain proof of posting.

Even if this went to court and the claimant won, your credit record will not be affected if you pay the judgement within a month

enfield_freddy

ok , when is this concert?

ktcoil

That's so much for this help, just wanted to know regarding. The mortgage and the concert was Saturday just gone.

enfield_freddy

ok , ask him to post you the unsold tickets and you will pay him on receipt , he probably sold them on the night.


without sight of the tickets , you will not pay and there will not be court action , when you write that you require to see them on the court return form.


PS , your mortgage might have gone thru , if this ever gets to court , and wont affect you.


delay = formal notice of intended court action (14 days)
delay in writing processing court papers
delay in giving you either 14 or 28 (or longer) days to reply
delay in waiting a month for you to pay or not


ask him for the tickets

Marktheshark

Play the game, if they file on hear say, just state you offered to pay but he refused to let you have them.
Now wants to sue.

ktcoil

sorry meant to say he does the job where when people are buying houses and need a soliciter he does that job so not sure if he access to actually put a ccj on my acount himself, would the only way a ccj be alowed on my account is if it goes to court and i refuse to pay with 28 days?, just unsure if he is thinking of doing this himself or getting someone he knows to do this or asking the small claim companny to do this straight away as he knows we really want to get a mortgadge in the next year or two. thnaks

terryw

He must issue a summons first to give you a chance to defend the claim.

Voyager2002

You agreed to pay for the tickets, so pay him. If it were to get to court then he would win and you would be obliged to pay his costs as well as the ticket price, so long as he can prove that he really did buy the tickets for you.

And as posted above, if a court finds against you and you pay all that is required within 28 days, then that is the end of the matter. If you fail to pay then yes, it can lead to problems getting a mortgage or any other kind of credit.