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Letter before small claims court claim

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Comments

  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    A ccj will affect his ability to get credit.
    if he’s genuinely wealthy that won’t bother him.

    to enforce the debt you need either an attachment of earnings (not sure how that works if he’s a sole trader or Ltd company) or you get bailiffs in which will costs.
    balliffs can’t do much without a court order (they often bluff that they can) which is further expense.

    just pointing out that winning doesn’t get you your money.
  • textbook
    textbook Posts: 786 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    lisyloo said:
    textbook said:
    Ok so as expected he hasnt paid.  Sent one letter to his mum's house which has her signature on (this was his work address).  How do I now apply to small claims court?
    Are you certain he has the ability to pay?
    Are you prepared to pay and send baliffs to his mum's house (his business address)?
    I don't see any issue with it, but as you mentioned morals just wanted to raise that you knew what you're getting into.
    If you win that doesn't necessarily mean he will just pay up and the ways to get people to pay up can be expensive e.g. sent balliffs in.
    Not sure I wanna send baliffs , is it worth it for £500?  If he's rich why wouldn't he care about a CCJ?


  • macman
    macman Posts: 53,129 Forumite
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    Only you can decide if it's worth it. If the bailiffs are successful, they will recover the additional costs of their work, so you'd still get the £500.
    CCJ? Because if you're rich, you may not need credit...
    No free lunch, and no free laptop ;)
  • textbook
    textbook Posts: 786 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    macman said:
    Only you can decide if it's worth it. If the bailiffs are successful, they will recover the additional costs of their work, so you'd still get the £500.
    CCJ? Because if you're rich, you may not need credit...
    The whole procedure will give me experience for more expensive debts though so it's all experience.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    My niece went to court recently and she said it was really interesting.
    She spent ages compiling relevant info about the nature of the case.
    Judge simply ruled the seller had not said deposit was not refundable so no further discussion about the ins and outs.
    She's not expecting to get her money, but a CCJ will affect the person in this case.
  • Alderbank
    Alderbank Posts: 3,969 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    macman said:
     ...if you're rich, you may not need credit...
    If you're rich you probably don't need it but I bet you like it.

    I know a few rich people and they all hate using their own money, especially for anything at all speculative. They say things like 'If I'm taking any risk I like to take it with someone else's money.'
  • textbook
    textbook Posts: 786 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    macman said:
    Only you can decide if it's worth it. If the bailiffs are successful, they will recover the additional costs of their work, so you'd still get the £500.
    CCJ? Because if you're rich, you may not need credit...
    I submitted it.  The delay was because i thought I might get help with the fees but had no reply regarding that or couldn't find the reply at least
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