Small claims court - when?

demeggy

Hi folks, bit of a pickle here.

Without giving too much info away, how many opportunities and benefits of the doubt would you give a tradesman who has promised in writing to issue you a refund after quite a serious failure in services, but a month later and 3 different excuses at the last minute, has failed to do so?

OH is desperate for me to submit a Small Claims after the tradesman's latest excuse (excuses range from being ill to a payment issue on his end).
I'm a bit of a soft touch, so the cynic in me is saying he's probably picking up on this and is trying to drag it out as long as possible.

Any input would be great.

dj1471

You need to send a letter before action first and give a deadline for payment, usually 14 days. Crack on with that now and the claim on day 15 (allowing time for delivery - don't send it recorded).

Ectophile

The Letter Before Action should be posted first class at a Post Office. Get proof of posting. It doesn't need to be sent signed for.



If he then doesn't pay within 14 days, then you start the court action.


You can't really be any more reasonable than that.

demeggy

!!!!!!. Wish I'd known that back at the start of the month. We've had plenty of dialogue via email with his promises to pay by x dates, but I guess that doesn't count for much.
Cheers anyway though folks.