Advice before small claims court

PeppinPie1

Ectophile said:

PeppinPie1 said:

saajan_12 said:

The 14 days and insurance etc is all about secondary / irrelevant. Back to basics, you hired people to do a move, they damaged your floor, and a fair recompense for that is the reasonable cost of a repair, paid in a reasonable time. 

Ideally you'd have a way to prove the quote you got was reasonably by getting more quotes for example. While waiting for their insurance might have avoided any risk that you're not left with a shortfall, its not necessary if you didn't agree in a contract to follow that process. 

While 14 days may have been too demanding, its now 2+ months so I don't see any issue with progressing to small claims court, which you can do at any time within 14 days. If too hasty, then the defendant might have an argument that you didn't give them a chance to sort it and so shouldn't be liable for the court cost. There's no fixed timeline, but IMO 2+ months is plenty. You could ask for a last update or send a final demand / LBA. Make it clear that 
- you're asking for £x which represents the cost of repairing the floor they damaged and agreed to recompense. 
- payment must be made within x days (say 14 days after your latest letter, not since the problem started)
- if its not forthcoming then you will immediately file in small claims court which will incur court fees, which you'll seek from them. 

After the deadline in your letter, file a money claim online. 

He’s saying the reason he can’t pay me is because his insurance will “eventually” be the ones to pay me. And if he pays me now he’ll have to give his details to the insurance for them to send them the money and they won’t do that. 

Personally I think it’s a big load a lies that he’s saying…

I wouldn't believe a word of it.

If he genuinely has insurance, then he will have passed your LBA on to the insurance.  And if you issue a court summons, he would pass that on too.

Very interesting. I did have a feeling he’s lying to me or that he is just completely incompetent. 

The fact it has gone on 3 months so far, I just don’t think an insurance claim would take this long or at least not without any contact or further evidence needed from myself. 

I guess I’ll send a final LBA and then file a small claims court file. 

Okell

PeppinPie1 said:

Ectophile said:

PeppinPie1 said:

saajan_12 said:

The 14 days and insurance etc is all about secondary / irrelevant. Back to basics, you hired people to do a move, they damaged your floor, and a fair recompense for that is the reasonable cost of a repair, paid in a reasonable time. 

Ideally you'd have a way to prove the quote you got was reasonably by getting more quotes for example. While waiting for their insurance might have avoided any risk that you're not left with a shortfall, its not necessary if you didn't agree in a contract to follow that process. 

While 14 days may have been too demanding, its now 2+ months so I don't see any issue with progressing to small claims court, which you can do at any time within 14 days. If too hasty, then the defendant might have an argument that you didn't give them a chance to sort it and so shouldn't be liable for the court cost. There's no fixed timeline, but IMO 2+ months is plenty. You could ask for a last update or send a final demand / LBA. Make it clear that 
- you're asking for £x which represents the cost of repairing the floor they damaged and agreed to recompense. 
- payment must be made within x days (say 14 days after your latest letter, not since the problem started)
- if its not forthcoming then you will immediately file in small claims court which will incur court fees, which you'll seek from them. 

After the deadline in your letter, file a money claim online. 

He’s saying the reason he can’t pay me is because his insurance will “eventually” be the ones to pay me. And if he pays me now he’ll have to give his details to the insurance for them to send them the money and they won’t do that. 

Personally I think it’s a big load a lies that he’s saying…

I wouldn't believe a word of it.

If he genuinely has insurance, then he will have passed your LBA on to the insurance.  And if you issue a court summons, he would pass that on too.

Very interesting. I did have a feeling he’s lying to me or that he is just completely incompetent. 

The fact it has gone on 3 months so far, I just don’t think an insurance claim would take this long or at least not without any contact or further evidence needed from myself. 

I guess I’ll send a final LBA and then file a small claims court file. 

But you've already sent a LBA haven't you?

Presumably that first LBA said that if he hadn't paid up by a certain date than you would sue him without further notice.  Presumably that date has passed but you haven't done anything?

If you've already sent a LBA I see no point in sending a "final" one - except to remind him that you took no action after sending the first one so you probably won't follow up on a "final" one either.

Assuming you've already sent a previous LBA and he hasn't complied, you might as well just issue a claim now

PeppinPie1

Okell said:

PeppinPie1 said:

Ectophile said:

PeppinPie1 said:

saajan_12 said:

The 14 days and insurance etc is all about secondary / irrelevant. Back to basics, you hired people to do a move, they damaged your floor, and a fair recompense for that is the reasonable cost of a repair, paid in a reasonable time. 

Ideally you'd have a way to prove the quote you got was reasonably by getting more quotes for example. While waiting for their insurance might have avoided any risk that you're not left with a shortfall, its not necessary if you didn't agree in a contract to follow that process. 

While 14 days may have been too demanding, its now 2+ months so I don't see any issue with progressing to small claims court, which you can do at any time within 14 days. If too hasty, then the defendant might have an argument that you didn't give them a chance to sort it and so shouldn't be liable for the court cost. There's no fixed timeline, but IMO 2+ months is plenty. You could ask for a last update or send a final demand / LBA. Make it clear that 
- you're asking for £x which represents the cost of repairing the floor they damaged and agreed to recompense. 
- payment must be made within x days (say 14 days after your latest letter, not since the problem started)
- if its not forthcoming then you will immediately file in small claims court which will incur court fees, which you'll seek from them. 

After the deadline in your letter, file a money claim online. 

He’s saying the reason he can’t pay me is because his insurance will “eventually” be the ones to pay me. And if he pays me now he’ll have to give his details to the insurance for them to send them the money and they won’t do that. 

Personally I think it’s a big load a lies that he’s saying…

I wouldn't believe a word of it.

If he genuinely has insurance, then he will have passed your LBA on to the insurance.  And if you issue a court summons, he would pass that on too.

Very interesting. I did have a feeling he’s lying to me or that he is just completely incompetent. 

The fact it has gone on 3 months so far, I just don’t think an insurance claim would take this long or at least not without any contact or further evidence needed from myself. 

I guess I’ll send a final LBA and then file a small claims court file. 

But you've already sent a LBA haven't you?

Presumably that first LBA said that if he hadn't paid up by a certain date than you would sue him without further notice.  Presumably that date has passed but you haven't done anything?

If you've already sent a LBA I see no point in sending a "final" one - except to remind him that you took no action after sending the first one so you probably won't follow up on a "final" one either.

Assuming you've already sent a previous LBA and he hasn't complied, you might as well just issue a claim now

I have sent one in the past yes. I just assumed I’d have to send another or the courts might look unfavourably upon me. 

But I guess with him not paying, hiding behind insurance and refusing to provide any proof this should be enough to win!

PeppinPie1

I’ve asked once again for proof that it’s with insurance and he has seen the message (I have read receipts turned on) and has ignored it. 

My next step here would just be to raise a small claims court? How likely would I be to win here as I don’t want to raise it and the court just side with him and I lose the court fee

lincroft1710

PeppinPie1 said:

I’ve asked once again for proof that it’s with insurance and he has seen the message (I have read receipts turned on) and has ignored it. 

My next step here would just be to raise a small claims court? How likely would I be to win here as I don’t want to raise it and the court just side with him and I lose the court fee

As with any court or tribunal, it will be (or should be) judged on the evidence presented by both sides