Small Claims Court Interest Question

SmallClaimQuestion

hi Carl,

it is very odd for you to take screenshots for a dispute you are not involved in, what are you planning on doing with them? It would only make sense if you are him, in which case contributing to a thread, offering advice under false pretences might look bad too.

As I have always said, I think my claim is entirely reasonable and fair, regardless of my personal differences with the guy and am sure the courts are only interested in that

CarlMBrighton

Reading his last reply to me in that context it's now not so reasonable, I thought it was strange he did an about face that was not wot he clearly stated before

so now, I still feel from what u wrote that ur acting badly or intended to do so out of anger. mate, I'd calm down n not think about it for a week, yr getting in the wrong headspace, get a fresh perspective. who knows the fella might reply to yr claim in that time, give it a chance

CarlMBrighton

no, there was one post in particular that was almost forum rule breaking level (the one about the CCJ as punishment)

well, u fixed it n clarified ur position now then anyway. all I am saying is chill a bit, let the claim work out, don't risk putting yrself in a position where I ar seen as acting maliciously, cause as it stands, if u want money n he's agreeing to it, everything is in yr favour

SmallClaimQuestion

no problem, and thanks for your advice. I just don't think people should focus on one thing I said and overstretch beyond what I intended without knowing the full context, this is a complex matter. I feel my actions are entirely fair. I don't think I ever said I wanted him to get a CCJ as 'punishment'. My comment was in response to another users warning me I might not get my money back even if it goes to court, and my saying I willing to take that risk as a matter of principle. I want my money back, if he doesn't he will get a CCJ, isn't that implicitly what everyone is trying to achieve by taking someone to court, not because they want the person to have a CCJ, but they hope the risk will mean the person will pay up, if he doesn't there are consequences. That is not the same as intentionally hoping he gets a CCJ, what I do hope for is my money (if it came across different I apologise for my inarticulacy)

CarlMBrighton

no problemo about the advice fella. one thing: U said u know for a fact he could repay, but said u haven't seen him 4 a year n that he is unemployed, on the sick n is claiming financial hardship (which u didn't doubt to be true in an earlier post). how do u know 4 a fact he could pay? R u makin a fallacy here to justify a rage, cause u seem a bit defensive when we brought it up (n it was 2 of us)

so he had an offer to pay that he reneged on? a court mandated offer? sorry, I'm a bit confused, is the fella actually under suit now or hav u not filed the claim yet

CarlMBrighton

but yes if what u meant is that getting a CCJ is justified outcome if he doesn't pay, n that u want him 2 get that then sure

SmallClaimQuestion

pretty sure when anyone takes court action that they think the person should face the consequences of the action if fair and valid, which it is. why are you only posting in this one thread?

Bermonia

With all due respect you stated quite categorically that you wanted to be petty... your tone through out also supported this statement.

Whilst I understand it is an emotive subject for you, keep in mind courts are not there for use to punish people - as people have previously pointed out some form of arbitration would usually be recommended first also consideration if his offers are fair and reasonable under the circumstances.

SmallClaimQuestion

"you stated quite categorically that you wanted to be petty"

I did not say that (I have retrieved the post from my cache). You may have inferred that from what I said but that is not what I said or what I meant to convey. I did not use the term 'petty' I said I am willing to pursue my claim, even if unsuccessful out of 'principle'. As he has accused me of threatening legal action to get more money out of him, it is important to me that the court decide, as that is a serious accusation.

At every point I have argued I feel my claim is fair, at no point have I said I am taking action I think is unjustified in order to be petty, and I am sure this is what the court will focus on, whether my claim is fair.

Yes, If he had been apologetic, and seemed genuine about a solution (i.e. not changing his mind after the date he agreed to pay back), I would think twice before taking action that would have consequences for him and would waive the interest. As he has not and has been very abusive, and made this process as antagonistic as possible, I am not going to think twice about taking legal action all the way or claim less than I am entitled to. That is not being petty, i'm under no obligation to hold off court action, but I might have if he had been more cordial.

Final edit: The reason I deleted my posts is I thought there was a high possibility that Carl is my former housemate, and this unnerved me, I don't think many people in such a dispute would like the other person privy to their discussions and plans. It is entirely plausible, my topic (and username) is quite google friendly and he will be researching the same things as me. Carl has only signed up to take part in this thread, and the use of textspeak 'u' and '2' etc is a common way of disguising writing style, he has since talked about taking screenshots which also supports this. Carl if you are genuinely a member of the public who has signed up as you have a personal interest in this topic then I apologise unreservedly.

I hope that clears up this misunderstanding, and thanks for your advice

Bermonia

I know what I read... but hey who cares it’s not exactly my problem now is it.

Good luck with your ‘petty’ erm I mean totally justifiable court case.