Small claims court

henry24

Thank you both for your replies I've never done anything like this before so finding it a bit daunting 

PaulW922

Royal Mail also offers a tracked service with confirmation of delivery but without the need for a signature - ideal for this kind of thing. It is called Royal Mail Tracked 24 or Royal Mail Tracked 48 depending on the delivery timescale. You need to buy it via the RM website and you have to take your letter to your local delivery office, NOT to the Post Office. 

henry24

Meditation didn't work as other side wouldn't discuss anything other than me withdrawing my claim so now waiting for a court date 

Dr_Crypto

My honest advice is that it is a waste of time. If the person doesn't have any money you can't make them pay. Even if they have money it is very hard to make them pay. 
The whole small claims process is a money maker for HMCTS. They charge fees for everything but enforcement is ultimately down to you and costs you. Most bailiffs rely on intimidation to make people pay; if you have any nous it isn't hard to beat a bailiff (this forum has sections on it). 
I've tried the small claims process and just gave up. It is more stress than it is worth. 
Part of me think you'd be better off paying a few likely lads to send the debtor "a message". 

henry24

For some things I agree with you but they do have the money to pay but won't so for the sake of another £350 for court fees it's worth a try. One of the problems is they are used to dealing with things were I've never done anything like this before so haven't a clue what I'm doing apart from what I get told on here 

zorber

you say its difficult to to enforce? What about going after an earning attachment? Im in a similar position and getting no where fast. My evidence is thin, lots of emails with them agreeing they will pay me back and they owe me the money. I have an email with a letter saying they owe me the money and how they will pay me back but its unsigned. And in any case they havent kept to what they have said they will do. To date they have have only made two payments and they failed again last month. My best option is an attachment of earnings order. How easy is this to obtain? 

Dr_Crypto

I’ve not done it but it’s several steps down the line with each step costing you money. And they’ve got to be PAYE for it to easily work, I think. 

Sorry to be down on this but I doubt you’ll see your money. 

henry24

Another update and a question. It's going to court end of August so I have got to get my paperwork ready for the judge and other side. What do I need to do for my paperwork how much information do I include?

MinuteNoodles

henry24 said:

Another update and a question. It's going to court end of August so I have got to get my paperwork ready for the judge and other side. What do I need to do for my paperwork how much information do I include?

You need to prove that the money was given as a formal loan where the intention would be to form a legal relationship and take them to court if they don't pay, that it was completely different to how "lending" money to friends and family is where there's no intention of creating a legal relationship. You will need to prove you told them it was a formal loan, what the repayment terms were, when the loan was to be repaid by, any interest that would be applied and it's rate and that they agreed to those terms.

The vast majority of people lending to friends and family don't do that which is why so many times when it goes to court the court deem it an unenforceable agreement.

sourcrates

You must have as much evidence as possible, you need to show that they reneged on the arrangement you had agreed too, emails, texts, letters all help, lack of a credible agreement may go against you, so you must try and obtain everything you can, the more chinks you can make in their armour the better chance you have.