taking friend to small claims court - Page 2

tomterm8 · 3rd August 2007, 19:44

Quote:

Originally Posted by monkeymagic717

tom.... how do i send it via process server?

Go onto google UK, type commercial process server in the box, and pick one.

tomterm8 · 3rd August 2007, 19:46

Quote:

Originally Posted by monkeymagic717

tom.... how do i send it via process server?

Go to google uk, type in commercial process server, and pick one. They're generally just normal companies.

Quote:

Originally Posted by monkeymagic717

also can you really apply interest on to what he owes?

no.

Jeff2000 · 3rd August 2007, 19:52

Quote:
Originally Posted by monkeymagic717

also can you really apply interest on to what he owes?

no.

He may be referring to the s.69, 8% if proceedings do start in the County Court!

Of course, I could be wrong!!!

Jeff.

tomterm8 · 3rd August 2007, 20:13

Quote:

Originally Posted by Jeff2000

Quote:
Originally Posted by monkeymagic717

also can you really apply interest on to what he owes?

no.

He may be referring to the s.69, 8% if proceedings do start in the County Court!

Of course, I could be wrong!!!

Jeff.

Doh! i thought he meant "if you go for the statutory demand, could you claim interest".

monkeymagic717 · 3rd August 2007, 20:25

i have no idea what either is

i was only asking cuz thats what marcelle has said he is doing.

from the facts i've told you, does my case sound reasonable? what are the chances of getting back the money in a lump sum or could i get him to increase his payments to say 200 pounds per month?

tomterm8 · 3rd August 2007, 20:28

If you went to the county court, you could claim "simple" interest at 8% from the date of non-payment.

If you went for a statutory demand, you couldn't.

Either method, if you have a document from him admitting he owes you the money, you have a completly solid case, IMHO.

If you were to go to court, you would be advised to give him 28 days notice in writing (special delivery).

monkeymagic717 · 3rd August 2007, 20:33

sorry but what is this difference between county court and statutory demand?

we both have copies that have been signed by ourselves that he should have paid me the money in full by december 2006.

i dont mind the 28 days wait rather than the 13 months he's planning to give me the money in!

my head gets numb with all the advice i have been given!

tomterm8 · 3rd August 2007, 20:45

A stautory demand is the first step before bankruptcy.

A county court judgement is where the court decides you owe money; it can then be enforce by things like third party debt order, attachment of earnings, and the baliff.

monkeymagic717 · 3rd August 2007, 21:18

Quote:

Originally Posted by tomterm8

A stautory demand is the first step before bankruptcy.

A county court judgement is where the court decides you owe money; it can then be enforce by things like third party debt order, attachment of earnings, and the baliff.

if it was you, what process would you follow

Goldlady · 3rd August 2007, 21:19

bailiffs will serve statutory demands - cost us about £70 to get one served

tomterm8 · 3rd August 2007, 21:24

Quote:

Originally Posted by monkeymagic717

if it was you, what process would you follow

I would go through the court, personally.

You can always chose to go directly to a bankrupcy petition if the baliff can't repossess any goods.

monkeymagic717 · 6th August 2007, 17:44

ok, so i will write and send him letter by recorded delivery to his work address as my first step.

marcelle · 7th August 2007, 09:54

Hi monkey
Again, with him knowing where I lived that was exactly my reservations but i was in the process of moving so didn't tell him my new address just in case of repercussions but when you fill in the N1 to start a claim you have to give an address for yourself that he will have to see and i didn't want to implicate my family or friends and certainly didn't him to know where i lived so i paid the extra money to the court for them to overrule this and told them the reason why... i could be in danger if he knew... blah blah.... anyway the stupid administrator 'accidentally' muddled up my process and only sent him my new address!!!!! Fuming was not the word! I wrote the court manager a strong letter about his staff member and he apologised but there was nothing that could be done as the damage had already been committed!!!!! With your friend it is unfortunate that he already knows where you live and i guess you won't be moving anytime soon. I think you may have to weigh up the pros and cons and decide whether he'd potentially get nasty. If you think he may then you should find another route to get your money.
Yes, you can apply interest on what is owed from the day that he became late with his payments so for you would be from December 2006 to date. The statutory rate of interest charged at court stage is 8% per annum.

marcelle · 7th August 2007, 10:06

Quote:

Originally Posted by monkeymagic717

if it was you, what process would you follow

I chose the Order for Oral Examination route because I wanted to him to prove he cannot afford to pay me £X per month that I was demanding. I want him to provide banks statements, mortgage statements, bills spents, council tax amount, etc. all his expenditure in court to be thoroughly examined then decide a realistic sum to pay me per month to clear the debt asap. I wasn't comfortable setting the bailiffs onto him but from the experience i'm getting from the bailiffs now, it's just as well because they would have never gotten into his house! It's up to you what you do however. Good luck and keep us posted!

dw190 · 7th August 2007, 12:20

Quote:

Originally Posted by monkeymagic717

ok, so i will write and send him letter by recorded delivery to his work address as my first step.

Why his work address?

If you send something by RD to his work address all you achieve is confirmation that the letter was delivered to his works. (No guarantee that he received it)

Interest can be added to Statutory Demands (Under S69) from the date the money became due to you.

If you don't know his address, a Statutory Demand served on him by a Process Server at his place of work would be OK. Process Servers include a statement for you that the docs have been served and make themselves available as witnesses for Court Hearings.

monkeymagic717 · 7th August 2007, 14:04

he refuses to give his home address postcode. i know where his house and the street name and number but just not the postcode.

from what i've gathered from him so far (if he's telling the truth) is that the new house him and his wife bought is only in his wife's name and everything in it. the new car he bought i'm not sure if it is in his name. i just dont want my family to see what kind of idiots i was involved with that s the reason i didnt want any trouble by home but i do have more than enough information on him and of illegal activities he has been involved in and i would be prepared to disclose that info if i had to.

he cant just decide what he wants to pay and think he can purchase a new car without settling with me first

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