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Small Claims Question

EmmaJ_C
EmmaJ_C Posts: 7 Forumite
First Post
edited 9 November 2023 pm30 4:34PM in Small biz MoneySaving
Hi - we are owed a substantial amount of money by a client whose driveway we completed 6 months ago.  He has promised us payment for the last 6 months every week - clearly lying that he's paid it.  We have spent a couple of thousand on a solicitor trying to negotiate the payment and he's now lied to our Solicitor saying he's paid it - he hasn't!  Would you recommend going through Small Claims Court?  It's pointless asking our Solicitor to chase as he tells lies all the time that he's paid us?  What's the success rate and waiting time of going through Small Claims? Thanks
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Comments

  • EmmaJ_C said:
    Hi - we are owed a substantial amount of money by a client whose driveway we completed 6 months ago.  He has promised us payment for the last 6 months every week - clearly lying that he's paid it.  We have spent a couple of thousand on a solicitor trying to negotiate the payment and he's now lied to our Solicitor saying he's paid it - he hasn't!  Would you recommend going through Small Claims Court?  It's pointless asking our Solicitor to chase as he tells lies all the time that he's paid us?  What's the success rate and waiting time of going through Small Claims? Thanks
    Stop wasting time paying a solicitor, send a letter before action, then get a CCJ, then enforce it. 
  • If you have the evidence to support your claim (especially if the existence of the debt is not in doubt), then the success rate is good... such evidence would include the work agreed, amount agreed, what's been paid, and that the customer has stated they are happy/intend to pay (no suggestion that there's a problem with the work?)- plus the pre-court process being followed (letter before action etc).

    I don't know current waiting times - it's been a while since I've needed to use the service. And be aware you generally can't claim legal costs and the case limit is £10k

    As to if it's worth doing... 
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
  • Thank you ArbitraryRandom said:
    If you have the evidence to support your claim (especially if the existence of the debt is not in doubt), then the success rate is good... such evidence would include the work agreed, amount agreed, what's been paid, and that the customer has stated they are happy/intend to pay (no suggestion that there's a problem with the work?)- plus the pre-court process being followed (letter before action etc).

    I don't know current waiting times - it's been a while since I've needed to use the service. And be aware you generally can't claim legal costs and the case limit is £10k

    As to if it's worth doing... 

  • We have many emails and texts from him saying he's very happy with the work quoted for initially, that he's paid the debt (Not), and that he intends to pay so he really has no leg to stand on.  He suggests a small part of the driveway is under water but that's more to do with his land and the way it falls than our work due to the excessive rains recently. Thank you 
  • Keep us updated? 
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
  • DullGreyGuy
    DullGreyGuy Posts: 15,741 Forumite
    10,000 Posts Second Anniversary Name Dropper
    EmmaJ_C said:
    What's the success rate and waiting time of going through Small Claims? 
    Define success rate?

    The number of claims submitted that result in a judgement against the defendant is very high because 89% of all claims are awarded in default (ie the defendant fails to respond/doesnt respond in time etc). 

    In Q2 2022 188,000 new claims were started and 48,783 claims were marked as settled - some of those will have been from that quarter, some may have been from years ago. So rate of getting a judgement is high, rate of getting paid is low. 

    Some will issue proceedings knowing they'll never be paid because the defendant doesn't have means but it's being done on principle. Some will issue proceedings to the wrong address or wrong name and so the defendant never knows about it and enforcement fails. 
  • Ok, thank you -  very interesting stats.  I wonder why the rate of getting paid is low?  I am hoping this is not the case for us - we have done a bit of background research on him and according to his Title Deeds he owns his £1.2m home with surrounding land, which is where we laid the drive.  We know he lives there with his family, so he clearly has assets!  I am truly hoping for a good outcome here - he has paid us out of a debt of over £15k,  0.01p 3 months ago, and told us he just wanted to check he had the right bank account to pay the rest into!, since then we have received no further funds but texts and emails every week to say he was paying it - to date nothing further. He has emailed out solicitor to say he will accuse my husband and I of harassment for the amount of times we've kindly asked him to pay us - it's all documented and every email kept so judge can see the kind polite nature of our emails to him.
  • EmmaJ_C said:
    Ok, thank you -  very interesting stats.  I wonder why the rate of getting paid is low?  I am hoping this is not the case for us - we have done a bit of background research on him and according to his Title Deeds he owns his £1.2m home with surrounding land, which is where we laid the drive.  We know he lives there with his family, so he clearly has assets!  I am truly hoping for a good outcome here - he has paid us out of a debt of over £15k,  0.01p 3 months ago, and told us he just wanted to check he had the right bank account to pay the rest into!, since then we have received no further funds but texts and emails every week to say he was paying it - to date nothing further. He has emailed out solicitor to say he will accuse my husband and I of harassment for the amount of times we've kindly asked him to pay us - it's all documented and every email kept so judge can see the kind polite nature of our emails to him.
    Small claims limit is 10k so will be more complicated. 
  • I thought you could go through Small Claims for more, it just costs more... 5%.
  • ArbitraryRandom
    ArbitraryRandom Posts: 2,718 Forumite
    Sixth Anniversary 1,000 Posts Homepage Hero Name Dropper
    edited 9 November 2023 pm30 4:16PM
    EmmaJ_C said:
    I thought you could go through Small Claims for more, it just costs more... 5%.
    No, if it's for more than £10k then it's not the small claims track, but it can still be the fast track (online) if it's fairly straightforward. 

    You might find this helpful: https://www.richmond.gov.uk/tsleaflets?article=122482 (It's for the 'wrong side' in this case - a customer having a problem with a trader, but it's the same process. About half way down it talks about the structure of a claim and the process)
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
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