Small claims help

KeithP

tanvir wrote: »

Hi Guys,

Need your help again. I sent the LBA last week and also made my intentions clear via text that LBA is in the post and proceeding will start if payment not received by the states period (28 days). He replied to my text saying whatever address I had of his, he never lives there so he won't receive any LBA. Now, his gone back to ignoring my calls and texts. What can I do in this instance. Is my case now void?

Why on earth did you send that text message??

I thought you were going to start being formal?

Sending text messages is not the way to get serious attention.

Forget text messaging.

I'll leave you to it now.

tanvir

I thought the text will prompt him to pay. The LBA was sent via post and the text just verified my intentions. Let's see if he does come back in the stated time limit in the LBA

steampowered

tanvir wrote: »

The address I have he says he no longer lives there so I'm kinda screwed.

Yes, if you don't have his address he won't receive the proceedings or judgment, and is unlikely to pay. You should try to trace him if you can.

makintosh

Hello.

Can you guys help me too. I'm in a similar situation where someone owes me my deposit back and 6 months has passed and he hasn't. I sent LBA and now time to activate MCOL. the issue is, the address he lives at is his parents house. In the worst case scenario that I need to send bailiffs, can they actually take anything away from his parents house? If not, what is the best action for me..

may also be handy for you @tanvir

steampowered

makintosh wrote: »

Hello.

Can you guys help me too. I'm in a similar situation where someone owes me my deposit back and 6 months has passed and he hasn't. I sent LBA and now time to activate MCOL. the issue is, the address he lives at is his parents house. In the worst case scenario that I need to send bailiffs, can they actually take anything away from his parents house? If not, what is the best action for me..

may also be handy for you @tanvir

Bailiffs could only enforce against property owned by him, not against property owned by his parents.

makintosh

Bailiffs could only enforce against property owned by him, not against property owned by his parents.

But this is the address he lives at and the address I have.. what other options are open to me? Can I go down the route that money is taken from his wages?

steampowered

makintosh wrote: »

But this is the address he lives at and the address I have.. what other options are open to me? Can I go down the route that money is taken from his wages?

Yes, you can apply for an attachment of earnings if he is employed.

tanvir

Hi guys I need some more help.

So I started the claims process and the defendant had his time to reply and he didn't. I then submitted a default judgement.
Then suddenly today I received a admissions form. Now I have a few issues with this.
1. The time is up for him to admit/appeal. He didn't respond in the time period which was set out in the claim.

2. A lot of details on the admissions from are false. For e.g. The defendant has said he only get £70 a week which is given by People in his home. But the sums dont add up. He states he lives in rented accommodation yet in the section of expenses he states £0 as rent. He says £30 a week is for housekeeping and that is all his expenses for the month. The next section he states he has no money in the bank and no savings. What happens to the rest of the £40 from the £70 a month? :mad:

He also says he has huge credit card debt and that's why he can't repay me. Under the credit card section he says he pays back £10 a month on credit cards?

This guy is taking me for a mug, what can I do? He has offered to pay £20 monthly installments. I find that unacceptable as that'll take over 2 years to receive my money.

I know all of this is false because if you see his social media account you can see the fancy cars, clothes, watches, pictures of money his made etc.

My question is what can I do now? He has submitted an admission once set time has passed and judgement has been served. And also information on his admission are pure lies which I can prove.

Please help.

waamo

Did you get the judgement? Your post isn't clear. He may well have sent useless paperwork if a judgement has been granted.

tanvir

I believe I did get the judgement because I relieved a letter saying "judgement was entered against the defendant" on [date]