taking friend to small claims court - Page 3

monkeymagic717 · 7th August 2007, 18:06

thats just crap then, i dont wana proceed with this case and then have the flipping bailiffs taking ages!

i dont wana the im trying to pay what i can from my acquintance anymore. either give me the total amount or he can pay 200+ quid a month, he shouldnt have got his car if he cant afford to pay me that amount monthly and best thing is that we dont have an agreement where i agreed he can pay me 100 pounds per month from now on.

marcelle · 7th August 2007, 20:03

Exactly... he shouldn't have gotten another car if he can't afford to pay you back. Same with my 'friend' - he bought himself a car too and had the nerve to parade it in front of me without a bye or leave but was giving me every excuse under the sun for the reason why he can't afford to pay me back.
Sorry are you saying you don't have an agreement for 100 quid or you do have an agreement for him to pay 100 per month?

Actually just called the court today to find out whether papers have been served and guess what???? the two bailiffs are on long term sick leave!!!!! I've been hearing that since April!!!!!! I'm defo looking into this other avenue that thingy (can't remember his/her name) provided.

If you do go or get as far as the bailiffs route, yours will probably be OK it's just mines are terrible so don't despair!

monkeymagic717 · 8th August 2007, 12:35

we dont have an agreement whereby he pays me a 100 a month now, he seems to think in his head we do as i've taken whatever amount he gives in last couple of months.

i really wont be happy until i see him give me all the cash back so he can get out of my life.

marcelle · 8th August 2007, 13:04

i really wont be happy until i see him give me all the cash back so he can get out of my life

Yes i've said that part many a times!!! You know it's said everyone has a double living elsewhere in the world, experiencing the same things, etc.... I think that's you monkey! haaaaaa!

I suppose it's impossible for him to get what's in his head down in writing that he owes you £100 a month? The only thing that may be difficult is him denying your claim then It would be a waste of money taking it to court as you may lose out with no guarantees of getting anything back.
Where it can be proven is if you gave him a cheque in his name or paid directly into his account and you have receipts, etc.... do you have anything like that?

monkeymagic717 · 8th August 2007, 20:17

i'm not sure i should be happy that you're claiming to be my twin :o

i have receipt that he owes me 1300 pounds if thats what u meant?

marcelle · 9th August 2007, 11:03

Excelleent, that's good enough.... send him the prelim letter and take it from there but keep us posted. Good Luck!

marcelle · 9th August 2007, 11:15

One more thing to add.... considering he's got into his heard that there's an agreement of £100 per month, use that as fact in your prelim letter and also in your particulars of claim in the N1 form - you've nothing to lose by it but obviously don't tell him it's in his head.

monkeymagic717 · 9th August 2007, 23:18

so when i issue the letter do i state the original amount he owed me as of end of december that he hadnt paid and then i add on the 8% or do i do it from amount he owes me now?

marcelle · 10th August 2007, 11:59

No, you just put the precise amount he owes you...ie £1300 then if it goes as far as the court stage, that's when you slap on the 8% per year interest but work the interest out as per day.

marcelle · 10th August 2007, 12:13

If it goes to court stage, the information written in your prelim letter should demonstrate that you've tried countless of times to get your money back but he's ignored you. You want the court to think you are a reasonable person so give your friend an alternative option to pay you back in instalments if that's all he can afford as he may not be able to give it all in one go.

Stillborn Crisps · 11th August 2007, 12:05

if at the court stage he claims he can't pay more than x amount, I think he has to fill out a means form where he declares all his incommings/outgoings to prove this claim to the judge, who will then decide a fair ammount if it's obvious he cannot pay.

Obviously your mate will try and claim his money goes on his kids, etc... so it might be worth mentioning in writing somewhere about his brand new car, house, etc... to show him up to the judge come the court day.

monkeymagic717 · 11th August 2007, 20:59

Quote:

Originally Posted by marcelle

No, you just put the precise amount he owes you...ie £1300 then if it goes as far as the court stage, that's when you slap on the 8% per year interest but work the interest out as per day.

per day

monkeymagic717 · 11th August 2007, 21:01

Quote:

Originally Posted by Stillborn Crisps

if at the court stage he claims he can't pay more than x amount, I think he has to fill out a means form where he declares all his incommings/outgoings to prove this claim to the judge, who will then decide a fair ammount if it's obvious he cannot pay.

Obviously your mate will try and claim his money goes on his kids, etc... so it might be worth mentioning in writing somewhere about his brand new car, house, etc... to show him up to the judge come the court day.

oh ok mate.... he doesnt have kids so thats cool, the house ISNT in his name, he cant claim all his outgoings are going on just a car then can he

Stillborn Crisps · 12th August 2007, 19:00

I think he'd struggle to convince a judge given what you've said. The means form is meant to be for people who are really on the breadline, living off benefits, etc...

monkeymagic717 · 13th August 2007, 19:43

Quote:

Originally Posted by Stillborn Crisps

I think he'd struggle to convince a judge given what you've said. The means form is meant to be for people who are really on the breadline, living off benefits, etc...

thats what i like to hear.... but whoever is giving him advice seems to think he can do it so he only has to pay the bare minimum per month. Also can i hand deliver the letter to his home address and finally it is reasonable to assume that he continues paying whatever he was per month while the case is taken to court?

rontocknell · 14th August 2007, 03:42

Reporting his weed-selling activities isn't going to solve your problem so I'd suggest that you follow the good advice you've been given so far and stick to the case in point.

ICY · 14th August 2007, 10:28

Quote:

Originally Posted by monkeymagic717

thats what i like to hear.... but whoever is giving him advice seems to think he can do it so he only has to pay the bare minimum per month. Also can i hand deliver the letter to his home address and finally it is reasonable to assume that he continues paying whatever he was per month while the case is taken to court?

I wouldnt hand deliver the letter as there is no actual proof it has been posted and you may need to prove he received this letter if it gets to court, use royal mail, either recorded delivery or special delivery

monkeymagic717 · 14th August 2007, 10:39

Quote:

Originally Posted by rontocknell

Reporting his weed-selling activities isn't going to solve your problem so I'd suggest that you follow the good advice you've been given so far and stick to the case in point.

i know i was just ranting n raving cuz i hate the bloke i really do

monkeymagic717 · 14th August 2007, 10:41

Quote:

Originally Posted by ICY

I wouldnt hand deliver the letter as there is no actual proof it has been posted and you may need to prove he received this letter if it gets to court, use royal mail, either recorded delivery or special delivery

ok well i've got his postcode now. is he within in his right to stop paying me until it went to court then? I have discussed he will waste money on a solicitor, he may possible get bad credit against his name but he seems fine about it as he doesnt intend to purchase anything else in the near future

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