Small Claims Court

atencorps

Hi,

Sorry if this is the wrong forum for this request for advice.

I am currently thinking of taking family member to small claims court (summary is - lent a few hundred pounds, they promised the would have it paid off within 8 weeks, but then after 8 weeks they requested another 4 weeks but still nothing.)

Additionally this family member some 4 years ago took my debit card and spent money on it (the police did not want to do anything as its family matter , and the member lived in the same house as me).


My question is , am i able to log 1 small claims court for both events as it is regarding same family member, of will i have to log 2 claims.

Thanks

lincroft1710

This does not make sense.

4 years ago a relative stole money from you. You seem not to have bothered about this as 3 months ago you lent them money. But now you want to sue them for both debts. Have you any proof that the money you lent was a loan and not a gift.

Guest101

Any signed paperwork?

atencorps

no signed paper work, just email trail for demand for money and agreement to repay. And the bank statement showing money been transfered to his account.

For the stolen money, when it a relative especially blood relative you we can be forgiving. But since im going to court anyway i might aswell demand the other cash. I have again email trail regarding stolen money and bank statement showing he stole/spend it.

Guest101

atencorps wrote: »

no signed paper work, just email trail for demand for money and agreement to repay. And the bank statement showing money been transfered to his account.

For the stolen money, when it a relative especially blood relative you we can be forgiving. But since im going to court anyway i might aswell demand the other cash. I have again email trail regarding stolen money and bank statement showing he stole/spend it.

That's not how court works. You have already forgiven the original debt, otherwise why lend more?


The more recent money, maybe you have a claim, but it may not be worth it when you consider how much work it takes

GrumpyDil

Also, you will need very clear evidence to convince a court as the starting point for agreements within families, which can be rebutted with evidence, is that there will have been no intention to create a legal binding agreement in this scenario

Malthusian

Do they have the money?

If the answer is no then you can still take them to court as long as you are happy with the fact that it will be a moral victory only.