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Small claims help

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  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    tanvir wrote: »
    The thing is I know he has the money to payback

    I don't know how you could possibly know this.

    But if you do suspect that to be the case, then you would be entitled to insist on payment in full within say 30 days, or further enforcement action payment is not made.
    he has also provided false information on the admission form which is something Which makes it look Like he can't pay back when he actual can. Realistically I'm wanting this letter to have an effect on him which makes him pay back either in full or a more reasonable monthly plan than what was outlined in his admission form.
    I am not clear that he has said anything false. You said that you agreed with his income and expenses figure, but disagree with the amount offered to payback. That to my mind is a disagreement about what he can afford but it is not him giving any false information.

    The fact that you are saying you'd be happy with a payment plan contradicts your statement that 'I know he has the money to payback'.

    The only thing you can really do to incentivise him is demand full payment (or say what monthly payment you'd be prepared to accept), together with an explanation of what you intend to do if payment is not made - which could include sending the debt to county court bailiffs for enforcement, and/or applying for an attachment of earnings ordering his employer to pay part of his wages to you directly.
  • tanvir
    tanvir Posts: 53 Forumite
    I don't know how you could possibly know this.

    But if you do suspect that to be the case, then you would be entitled to insist on payment in full within say 30 days, or further enforcement action payment is not made.

    The thing is I have him on social media where he is alot of the time flashing his status of having brand new cars, watches etc. His debt to me is very minimal compared to the price of one of those cars or watches.
    I am not clear that he has said anything false. You said that you agreed with his income and expenses figure, but disagree with the amount offered to payback. That to my mind is a disagreement about what he can afford but it is not him giving any false information.

    The fact that you are saying you'd be happy with a payment plan contradicts your statement that 'I know he has the money to payback'.

    The only thing you can really do to incentivise him is demand full payment (or say what monthly payment you'd be prepared to accept), together with an explanation of what you intend to do if payment is not made - which could include sending the debt to county court bailiffs for enforcement, and/or applying for an attachment of earnings ordering his employer to pay part of his wages to you directly.

    I said i disagree with the the income and expense figures he has stated on the form and alot of his sums dont add up. Again this can be proven on his social media.
    I should've made it clear that the worst case scenario is for me to accept a monthly payment plan, but that plan will need be acceptable for me.

    For now, I will send him a letter as you have kindly suggested with the incentive and what my intentions are if payment not received and lets see what comes of it.

    I appreciate all help.
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Understood, it is annoying to watch people flaunt stuff on social media while pleading poverty.

    Don't get too jealous as a lot of these people are in debt (cars purchased on finance, watches are fake). Appearances can be deceiving.
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