Small claims help

tanvir

Hi guys,

Need some help in weathe it'd be worth taking an individual to small claims court.
I rented a car from a private individual and gave him a £500 deposit on the premise if no damage or issues this will be refunded. 10 Months have passed and he has not returned my deposit. Various communications have taken place via WhatsApp, text and social media where I'm asking for my money back and he is responding by saying "you will get it" or "I'm sending it tonight".

Can I take this to small claims as I don't have a written contract? My only proofs are social media, text and WhatsApp conversations? Also, I feel I have given enough time for him to pay back as it's now been 10 months. My call logs and messages can show I have given a lot of time.

Please advise.

agrinnall

Send him a Letter Before Action giving 14 days to pay otherwise you will start a Small Claim - it might force his hand to return your money. But if it doesn't then go ahead with the claim, making sure that you have all your communications safely stored away and copies printed out. I assume you have his address, as you'll need that for both the LBA and your MCOL entry.

tanvir

Is the letter necessary? I've waited 10 months and given countless chances to pay so not sure how effective a letter will be?
Also, as I don't have a receipt of any sort can I still take him to small claims? I do have messages of him saying I "will pay" etc.

dj1471

Yes, the letter is necessary.

MSE Small Claims Court guide

You have messages acknowledging the debt which will be sufficient.

KeithP

tanvir wrote: »

Is the letter necessary?

Yes. you need to be able to demonstrate that you have given him a last chance to pay before court proceedings. Can you currently do that?

tanvir wrote: »

I've waited 10 months and given countless chances to pay so not sure how effective a letter will be?

But have you given him notice that court will follow if he doesn't pay?

tanvir wrote: »

Also, as I don't have a receipt of any sort can I still take him to small claims? I do have messages of him saying I "will pay" etc.

Small claims court cases are decided on the balance of probability.
If you can convince a judge that your story is more believable than the defendant's, then you win. Of course any evidence you have, e.g.text messages, emails, etc. will help your case.

tanvir

Yes. you need to be able to demonstrate that you have given him a last chance to pay before court proceedings. Can you currently do that?

Sure, can send a letter if that is process. Ideally, cannot I not send a text message stating final chance to pay before I take to court?

Also, do you know the turnaround time for the whole process? I will be abroad from mid Aug to mid Sept so don't want to miss out on any communication from the courts.

Thanks for your assistance so far

KeithP

tanvir wrote: »

Sure, can send a letter if that is process. Ideally, cannot I not send a text message stating final chance to pay before I take to court?

No. You are getting formal now, so must put in a bit of effort to get things right.

Send a letter or email.

It should be titled Letter Before Action.

It should state:

1) what the problem is - your are owed £nnn and the repayment is overdue.

2) what you expect to happen and when - repayment of the debt within 14 days.

3) what will happen if the repayment does not happen in that timescale - you will start cost action without further notice and the costs of doing that will be added to the claim.

There are many sample LBAs on the internet.
Here's one - Step one: Write a letter before action

tanvir

“
Sure, can send a letter if that is process. Ideally, cannot I not send a text message stating final chance to pay before I take to court?
Originally posted by tanvir
”No. You are getting formal now, so must put in a bit of effort to get things right.

Send a letter or email.

It should be titled Letter Before Action.

It should state:

1) what the problem is - your are owed £nnn and the repayment is overdue.

2) what you expect to happen and when - repayment of the debt within 14 days.

3) what will happen if the repayment does not happen in that timescale - you will start cost action without further notice and the costs of doing that will be added to the claim.

There are many sample LBAs on the internet.
Here's one - Step one: Write a letter before action

Thanks.. will follow this through and see what outcome is. Would you suggest to start the process now or once I come back from abroad in Mid Sept? Don't won't to make a bad impression or miss any important communication

KeithP

tanvir wrote: »

Also, do you know the turnaround time for the whole process? I will be abroad from mid Aug to mid Sept so don't want to miss out on any communication from the courts.

By the time you have written your LBA and waited for the response, I expect you will be in the middle of August anyway.

Why not read up on MCOL before you go away and prepare everything in anticipation of him not paying you in the time given?

It will then be just a case of clicking a button at the appropriate time.

Maybe giving 28 days notice would be more suitable in your case.
Send the LBA before you go away, and start MCOL action upon your return.

tanvir

“
Also, do you know the turnaround time for the whole process? I will be abroad from mid Aug to mid Sept so don't want to miss out on any communication from the courts.
Originally posted by tanvir
”By the time you have written your LBA and waited for the response, I expect you will be in the middle of August anyway.

Why not read up on MCOL before you go away and prepare everything in anticipation of him not paying you in the time given?

It will then be just a case of clicking a button at the appropriate time.

Maybe giving 28 days notice would be more suitable in your case.
Send the LBA before you go away, and start MCOL action upon your return.

Thank your KeithP for all your responses. I will do as you have suggested as that seems very reasonable. Will get the ball rolling tomorrow
Thanks once again

unholyangel

KeithP wrote: »

No. You are getting formal now, so must put in a bit of effort to get things right.

Send a letter or email.

It should be titled Letter Before Action.

It should state:

1) what the problem is - your are owed £nnn and the repayment is overdue.

2) what you expect to happen and when - repayment of the debt within 14 days.

3) what will happen if the repayment does not happen in that timescale - you will start cost action without further notice and the costs of doing that will be added to the claim.

There are many sample LBAs on the internet.
Here's one - Step one: Write a letter before action

Needs to be a letter, can't be an email.

Although theres differing opinions on whether to send it recorded delivery or not. On one hand if you do and they sign for it, great you have proof they actually received it. However if they refuse it, you then only have proof they didn't receive it. So generally people will advise sending it normal post and get a certificate of posting.