Small claims court

henry24
henry24 Posts: 415 Forumite
Eighth Anniversary 100 Posts Combo Breaker
This is a bit different but I don't know where else to put it, I don't owe money someone owes me so I think I'm going to have to go to small claims court. Can anyone offer any advice so I don't make any mistakes
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  • DCFC79
    DCFC79 Posts: 40,619 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 29 September 2019 at 9:02AM
    henry24 wrote: »
    This is a bit different but I don't know where else to put it, I don't owe money someone owes me so I think I'm going to have to go to small claims court. Can anyone offer any advice so I don't make any mistakes


    How much is owed.


    What is it you want advice on ?


    Ive not filled the form out but it should be easy.


    Just make sure you go to the correct site, ends in a .gov.uk.
  • henry24
    henry24 Posts: 415 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    £4800 owed,
    Advice needed as I've never done anything like this before so don't want to make a mistake.
  • sourcrates
    sourcrates Posts: 31,039 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    You go to the MCOL website, and register for an account.

    There is a user guide for claiments on the link below, it opens in a PDF format, everything you need to know is there :


    https://www.moneyclaim.gov.uk/web/mcol/welcome
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • TonyMMM
    TonyMMM Posts: 3,419 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Are you sure they have the money/assets to pay you ?

    Winning a case in small claims can be a simple process - getting paid the money isn't.
  • tacpot12
    tacpot12 Posts: 9,149 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    The courts system, and particularly MCOL, rely on evidence. Can you prove that you lent the money to the other party, can you prove that they agreed it was a loan and was to be repaid?

    Is there any documentation that has been signed or witnessed regarding how long the loan was for and what rate of interest was payable (even if this was zero)?

    Have you tried mediation as a way of recovering your money?

    Do you understand why the other party won't pay when asked to do so?
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • MEM62
    MEM62 Posts: 5,235 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    henry24 wrote: »
    Can anyone offer any advice so I don't make any mistakes

    What evidence do you have to support your claim? Be aware that any litigation is risky. You may think you have a good case but the court may take a different view.
  • It's not money as in a loan but £1900 is from a holiday we went on that I said to pay back when I needed it but now I've asked they have blocked me from everything. They have money but tied up in things
  • MEM62
    MEM62 Posts: 5,235 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    henry24 wrote: »
    It's not money as in a loan but £1900 is from a holiday we went on that I said to pay back when I needed it but now I've asked they have blocked me from everything. They have money but tied up in things

    The original question still stands. What evidence have you to support your claim? Courts deal in evidence and you will have to make your case.

    In most cases money lending and friends to not mix. Go there and, unfortunately, you are likely to loose both money and friend.
  • henry24
    henry24 Posts: 415 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    I've got texts and emails saying that it would be paid when I needed it back. I think I've already lost the friend
  • lincroft1710
    lincroft1710 Posts: 18,628 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    How much does the debtor owe you, £4800 or £1900?
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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