I have had to issue a Court Claim

missg2210

Hi all

Long story short... I loaned some money to an ex (not an ex at the time)

Advised me would have paid by now but the money & him are nowhere to be seen. I really just can't deal with this anymore so have placed a claim in with the courts.

I'm pretty sure he will dispute and advise it was a gift which is not true. I have enough messages to show he intended to pay it on certain days and the amount but last I heard he was advising it was a gift.

This is my last resort to try and move forward and just get it sorted.

Has anyone else done this.....what happened?

Any advise would be greatly appreciated however if this does not work then I am putting it down to life and a mistake.


Also if in the wrong thread please move... thank you

sourcrates

Hi,

Lots of cases such as this come up in the forums from time to time..

Don`t think I`ve seen any of them where the person got there money back yet.

Obtaining a CCJ wont automatically get you a payday, he could refuse to pay, or just ignore it, then it would cost you more money to pursue him further.

So i wish you luck, but don't expect to get anything back.

missg2210

I believe this is the case but got to try something

Thank you for your reply

StopIt

Be sure to look up the powers of each stage of a court claim.


Your best hope upon non payment would be escalation to the High Court. There's a minimum claim amount, and costs apply, but if the guy has assets (Car etc) and his own property for goods to be seized from, it'll give you some potential leverage.


Be prepared to not see the money again however, but if you're prepared for that, I wish you good luck with your claim.

lika_86

Have you sent a letter before claim complying with the pre-action protocol to give him a final chance to respond?

sourcrates

lika_86 wrote: »

Have you sent a letter before claim complying with the pre-action protocol to give him a final chance to respond?

..........Because if you haven't, he could get the case thrown out on a technicality.

patman99

As others have already stated, you will be spending money in order to recover money.

If he works, then an attachment of earnings would see the debt collected through his Taxes. Or, escalation to the High Court could also see HCEOs on his doorstep.

If he tries to avoid paying, having a CCJ on his file will wreck his chances of future credit.

missg2210

I honestly believe I will never see it again but have tried my best here. It's a life lesson at the end of the day but I'm hoping he won't want to ruin his credit future and just pay me and be done, here's to hoping.

StopIt

missg2210 wrote: »

I honestly believe I will never see it again but have tried my best here. It's a life lesson at the end of the day but I'm hoping he won't want to ruin his credit future and just pay me and be done, here's to hoping.

You may not, but you need to give yourself the best chance possible.


Have you had time to look up how each stage of litigation works and the powers and limitations of each stage?


Also, as this is pretty critical, did you send a letter before action before the court claim? If the claim goes unchallenged it'll be fine, but this can easily be thrown out without one, before a single word of evidence is presented.


Have you sought any legal advice to make sure your claim will stand up in court, and made any plans to deal with any potential defences?