Small claims court

OnTheRun

henry24 wrote: »

Update mainly for the last two posts, I sent it the person was out so postie left a card for them to collect from post office they haven't bothered and today I've had it come back to me.


What my next move?

Fair enough.
At least you tried, and now you have evidence that you tried.
If you still want to continue to pursue this (bearing in mind well over 2 months have now past since you last posted in this thread) then onto filing a claim against the individual.

OnTheRun

henry24 wrote: »

..., they do have the money just don't want to pay me.

Then it's not going to be easy, I'm afraid.

Getting the judgement will be the first step, but they will probably ignore that too (assuming you win), if what you say is correct.

So you may as well gen up on how to enforce the judgement at the appropriate time.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/726313/ex321-eng.pdf

Brock_and_Roll

My advice to the OP - don't give up!

I actually found the MoneyClaimOnline system to be easy to use and very good and whilst it takes ages to get judgement then enforce the judgement you will get your money and your costs.....as long as your confident that the other party has the assets!

In my case I did not even need the money - it was a point of principle - I will always go after the "wont pays" whatever it takes.

henry24

Thank you OnTheRun that links something I wanted to know.


Brock I'm not going to give up, like you I don't need the money and wouldn't be bothered if we had stayed friends. You say it takes ages how long did yours take?

Brock_and_Roll

I cant recall precise times to be honest. However, for each stage, the court/system gives the other party 30 days to respond etc so this add adds up by the time you get to enforcement.

henry24

Another update and question, I sent the letter before action they was out when postman tried to deliver it and never went to collect it so I resent it without proof of postage, they still never answered so I put a claim in and this coming Tuesday mediation is ringing to try sorting it out. What will happen on Tuesday and can anyone offer any advice?

onlyfoolsandparking

Did you agree to mediation and do you know what it is?

henry24

I agreed to it. How do you mean do I know what it is? I know it's to try and agree without going to court but the other side has lied in there response and I can't show my evidence on the phone 

onlyfoolsandparking

Ah right that's ok if you agreed to it as I'm sure you know both parties have to agree to mediation and from your side there is nothing to lose from doing mediation. I wouldn't worry about the other side lying you will get your chance to prove that if you go to trial. As far as I know mediation is instructed by the Court (Judge) to see if any compromises can be agreed or reached, if not (and it doesn't look like it will be if what your saying is correct about the other side lying) then you will go to trial and present your evidence, witness statements etc for the Judge to then decide whether you are owed the money or not. If you do get judgement in your favour and the other side still refuse to pay then (I believe) you can escalate this judgement (after 30 days I think) to the high Court for enforcement (Think its £60 to escalate) then the 'boys' will go knocking like you've probably seen on TV.   

sourcrates

Also be aware courts are working at very reduced capacity right now, in some places, priority cases only.

Your best bet is as i mentioned earlier, and what has been re-iterated above, if you cannot agree mediation, upgrade to the High Court and let them deal with it.