Small claims help

unholyangel

tanvir wrote: »

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

No one here can tell you how long it will take.

The lba you need to give a minimum of 14 days (for simple issues, up to 3 months for more complex issues). After that you can file a claim. They will allocate it to a track/court. If no response is received from the defendant, you will get a default judgement without having to step foot in a court. If the defendant responds with a defence, it will be allocated to a hearing (with a further fee due for this). The date allocated will depend on how busy the court is.

However if an unsuitable date was allocated, you could ask for another.

tanvir

No one here can tell you how long it will take.

The lba you need to give a minimum of 14 days (for simple issues, up to 3 months for more complex issues). After that you can file a claim. They will allocate it to a track/court. If no response is received from the defendant, you will get a default judgement without having to step foot in a court. If the defendant responds with a defence, it will be allocated to a hearing (with a further fee due for this). The date allocated will depend on how busy the court is.

However if an unsuitable date was allocated, you could ask for another.

Great, thanks for that additional information. Clarifies a lot..

In terms of fees my calculations say:
£ 35 for initial fee
£25-325 for hearing fee

So I'm looking at £60 minimum if I lose?

harrys_dad

Well even if you win you need to consider how you will enforce the debt if they still refuse to pay.

unholyangel

tanvir wrote: »

Great, thanks for that additional information. Clarifies a lot..

In terms of fees my calculations say:
£ 35 for initial fee
£25-325 for hearing fee

So I'm looking at £60 minimum if I lose?

It goes on the value you're claiming. £500 is a cut off point actually.

If the amount you're claiming is exactly £500 or under, your filing fee is £35 (if done online) and hearing fee should be £55. If your claim is £500.01-£1000 then filing fee is £60 and hearing fee is £80.

This page gives a (what seems to be) comprehensive list of prices for various court actions:
http://www.compactlaw.co.uk/compactlaw-admin/court-fees.html

Bear in mind the other party may also claim travelling expenses etc but in small claims, costs are very limited/strict and even if you lose your case, you won't necessarily have costs awarded against you (they're separate of each other, while the general rule is losing party pays costs...judges have discretion especially if 1 party has behaved unreasonably).

If you'd be willing to provide details on the original dispute, I'm sure members would give their opinions but you'd have to keep in mind that we're not a substitute for professional legal advice. If you have any doubts about the merits of your claim, it may be worthwhile to call local firms & ask if they provide a free consultation. Or ask your local CAB if they have a solicitor on staff (some branches do).

KeithP

unholyangel wrote: »

If you'd be willing to provide details on the original dispute, I'm sure members would give their opinions but you'd have to keep in mind that we're not a substitute for professional legal advice.

In the original post we are told:

tanvir wrote: »

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.

tanvir

If you'd be willing to provide details on the original dispute, I'm sure members would give their opinions but you'd have to keep in mind that we're not a substitute for professional legal advice. If you have any doubts about the merits of your claim, it may be worthwhile to call local firms & ask if they provide a free consultation. Or ask your local CAB if they have a solicitor on staff (some branches do).

The dispute in my opinion is fairly simply and briefly explained in the opening post. I rented a car from this individual and the agreement was to provide a £500 deposit for the rental. The deposit will then be returned if no issues (no damage, tickets, fines). everything was all smooth and the individual said he will return the deposit. Everytime I get in contact with him he was making excuses all the time as to why payment hasn't reached me yet. Now when I call he has does not respond to any form of communications, and hence i am wishing to take legal action now. He has had 10 months to pay and settle.

unholyangel

KeithP wrote: »

In the original post we are told:

Thanks, I saw that. I'll explain in my reply to OP's post below.

tanvir wrote: »

The dispute in my opinion is fairly simply and briefly explained in the opening post. I rented a car from this individual and the agreement was to provide a £500 deposit for the rental. The deposit will then be returned if no issues (no damage, tickets, fines). everything was all smooth and the individual said he will return the deposit. Everytime I get in contact with him he was making excuses all the time as to why payment hasn't reached me yet. Now when I call he has does not respond to any form of communications, and hence i am wishing to take legal action now. He has had 10 months to pay and settle.

I'm going to start off by saying you don't have to tell us anything more if you don't want to. I'll give what advise I can either way. But the arrangement of asking for a deposit - and having the forethought to fines/tickets etc is (imo) at odds with a private individual renting their personal vehicle as a one off. Personally, I wouldn't let anyone drive my car if I thought they were possibly going to get fines/tickets/damage it. Especially not when I felt it was likely enough to ask for a deposit to cover it.

Im not implying that anything you're saying is untrue, just wondering if theres a possibility he might do it on a regular basis in which case he may be classed as a trader.

Also, do you have him agreeing to it being a deposit? Or could he possibly try and claim it was an upfront payment? Is the amount mentioned or could he try and claim he was only supposed to return £x amount? Just things to think about (try and view it as an outsider reading them without the background knowledge you have). As is harrys dad's advice. Would you be able to recoup your money via enforcement orders if he fails to pay?

tanvir

“
In the original post we are told:
Originally posted by KeithP
”Thanks, I saw that. I'll explain in my reply to OP's post below.

“
The dispute in my opinion is fairly simply and briefly explained in the opening post. I rented a car from this individual and the agreement was to provide a £500 deposit for the rental. The deposit will then be returned if no issues (no damage, tickets, fines). everything was all smooth and the individual said he will return the deposit. Everytime I get in contact with him he was making excuses all the time as to why payment hasn't reached me yet. Now when I call he has does not respond to any form of communications, and hence i am wishing to take legal action now. He has had 10 months to pay and settle.
Originally posted by tanvir
”I'm going to start off by saying you don't have to tell us anything more if you don't want to. I'll give what advise I can either way. But the arrangement of asking for a deposit - and having the forethought to fines/tickets etc is (imo) at odds with a private individual renting their personal vehicle as a one off. Personally, I wouldn't let anyone drive my car if I thought they were possibly going to get fines/tickets/damage it. Especially not when I felt it was likely enough to ask for a deposit to cover it.

Im not implying that anything you're saying is untrue, just wondering if theres a possibility he might do it on a regular basis in which case he may be classed as a trader.

Also, do you have him agreeing to it being a deposit? Or could he possibly try and claim it was an upfront payment? Is the amount mentioned or could he try and claim he was only supposed to return £x amount? Just things to think about (try and view it as an outsider reading them without the background knowledge you have). As is harrys dad's advice. Would you be able to recoup your money via enforcement orders if he fails to pay?

Well basically my research shows that he was once a trader and had a car rental company dissolved in the past. However, he is still operating on social media but a a sole trader. I only came across him on social media where he had good feedback left on his page, turns out these people are his mates.

I have proof of me and him talking via social media and WhatsApp/text. He explicitly says " I will drop off the car to you, reminder there is a £500 deposit" so hope that is enough. In addition, after few days passing after retuning the car I messaged him multiple times asking for my deposit to be returned and he replied by saying "tonight I will drop it off", "it's coming", "can I transfer it". All of this my evidence.
is this enough to prove my case? How does it look to you from the outside from a neutral perspective?

I really wish this to be successful, but right now my only concern is I may win and he still doesn't pay. If this what are my options? The article states I have 4 options. But wouldn't their costs make it worthless for me to chase

Appreciate your responses.

KeithP

tanvir wrote: »

I really wish this to be successful, but right now my only concern is I may win and he still doesn't pay. If this what are my options? The article states I have 4 options. But wouldn't their costs make it worthless for me to chase.

No, because you simply add those costs to your claim.

Of course if he has no means to pay, then it would be futile, but you will have decided that before even going to court.

tanvir

No, because you simply add those costs to your claim.

Of course if he has no means to pay, then it would be futile, but you will have decided that before even going to court.

He definitely has money to payback, this is based on his social media profile.But he is also smart on how to avoid paying (based on dissolving his previous rental company).. Really don't want to waste all this time and effort only to be left with additional bills/expenses for myself.
my plan right now would be either to execute a warrant of control Or a third-party debt order. Guess i can only cross that bridge when/if i get there.