Small claims court

[buildersbutt]

Hi all, need to take someone to small court for £55, my question is once I have issued the claim to him which I have to pay for, what happens if he pays it before he goes to court, am I stuck with the cost of taking out the small claims? Thanks for your time!

 

[terrypin]

Send him a letter stating he has x amount of days to pay or you will commence proceedings and that he'll be responsible for all costs incurred. Once you lodge your claim the costs are added to the debt and this becomes the total amount now owed.

Or do as the previous poster says and get charged with demanding money with menaces, an imprisonable offence

 

[joe-90]

What people fail to realise is that the court isn't there to enforce your opinion. The courts will give an unbiased opinion about the case. It doesn't favour you at all. As far as costs go you can only claim very limited costs not a solicitor for example. Not only that, in the years I've been in this forum I've not seen a tradesman go to the SCC and win. It was set up to protect the punter - not the tradesman. So unless you have contracts and can prove you fulfilled the contract - then don't bother going. The person you are facing will claim travel costs and loss of earnings. Just walk away unless there's big money involved and you have all the paperwork.

 

[terrypin]

Or the person gets court papers through and thinks "fook that, I owe so I'm paying"?

 

[Dave54]

I'd send them a letter as terrypin suggests above. There will be plenty of sample letters for that on line I expect if you search.
Then forget it and never deal with the person again. Life's too short to make a big hassle for yourself over £55. I know the principle of losing money might hurt, but who wants to waste time and more money over that sort of amount?

 

[buildersbutt]

Thanks for your replies, the case is I returned an item which was wrongly sent and I had paid for it, he now has had the item since around June last year, but has not returned my money after several phone calls and many emails and recently a letter before action.

 

[Gerrydelasel]

Buy something else off him for £55, but don't pay him.
Your move.

 

[Dave54]

Do you have proof that the seller received the item back? That is signed for delivery?

 

[buildersbutt]

Do you have proof that the seller received the item back? That is signed for delivery?

I have proof of posting at the post office, also the last communication off him was asking how much I owed him, he has never denied not receiving it back!

 

[HawkEye244]

I seem to have fallen foul of the mysterious post monster for the first time ever I believe. Seriously now, it would be nice to know exactly what is an isn't allowed on here because if I'm going to waste time writing out a post only for it to be deleted I'd sooner **** off elsewhere as what is the point.



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try not to suggest crimes in your posts
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[Bosswhite]

Do you have proof that the seller received the item back? That is signed for delivery?

I have proof of posting at the post office, also the last communication off him was asking how much I owed him, he has never denied not receiving it back!

There are two types of post, Proof of Posting, and recorded Delivery,

If its just proof of posting, he is going to deny receiving the item