taking friend to small claims court

[marcelle]

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.

Exactly! This is the Order for Oral Examination. I felt this one was just and fair and would give a good indication of whether he's concealing monies in his account.

[marcelle]

Originally Posted by monkeymagic717

per day

Yes, I think 8% interesst works out to be 0.0024p per day - but i'm sure someone will correct me if that figure is incorrect.

[bluedog2]

There is a very big lesson here to be learnt DON'T under ANY circumstances lend /loan or borrow any money to friends etc...

And what a friend this one is turning out to be....!

Now this is going to sound really stupid...
but.......

If he owes you the money..and assuming he still has the car...(which under HP he cannot sell because it belongs to the HP company)..

Can't you just take the car back...? And then sell it...

OR maybe I am reading this all wrong and you will all shout at me for being a dozy moo....LOL!

[monkeymagic717]

Originally Posted by marcelle

When you say is he within his rights to stop paying you until it goes to court, is he paying you already? I was of the impression you weren't getting paid.

he has paid last two months 100 quid after i've been chasing him for it and then he usually responds within a week later telling me he will pay me next month if i am lucky

[monkeymagic717]

Originally Posted by bluedog2

There is a very big lesson here to be learnt DON'T under ANY circumstances lend /loan or borrow any money to friends etc...

And what a friend this one is turning out to be....!

Now this is going to sound really stupid...
but.......

If he owes you the money..and assuming he still has the car...(which under HP he cannot sell because it belongs to the HP company)..

Can't you just take the car back...? And then sell it...

OR maybe I am reading this all wrong and you will all shout at me for being a dozy moo....LOL!

the car he bought off me he crashed within two months of having it

[marcelle]

Originally Posted by bluedog2

There is a very big lesson here to be learnt DON'T under ANY circumstances lend /loan or borrow any money to friends etc...

And what a friend this one is turning out to be....!

Now this is going to sound really stupid...
but.......

If he owes you the money..and assuming he still has the car...(which under HP he cannot sell because it belongs to the HP company)..

Can't you just take the car back...? And then sell it...

OR maybe I am reading this all wrong and you will all shout at me for being a dozy moo....LOL!

Bluedog.... you're absolutely right.... but that's why I'll always make sure an airtight contract signed by both parties is in place before cos you never know what may happen in the future... but on the other hand if you don't want the hassle it's not a good idea to lend in the first place. Neither a borrower or a lender be!

[bluedog2]

Originally Posted by monkeymagic717

the car he bought off me he crashed within two months of having it

Thats so awful...for you that is.
Did he get insurance from the wreck/crash...?
If he did then that should have been used to pay for the car...
That is of course IF it was insured..
Good luck with the small claims..
My heart goes out to you... he has got you over a barrel, but there's a lot of fight left in you ...I hope??

"Bluedog.... you're absolutely right.... but that's why I'll always make sure an airtight contract signed by both parties is in place before cos you never know what may happen in the future... but on the other hand if you don't want the hassle it's not a good idea to lend in the first place. Neither a borrower or a lender be!"

I agree there Marcel.
No matter how well you know someone ALWAYS get a legal contract drawn up...you have to let your head rule your heart...

Sorry its not quoted properly..not sure how to do it for 2 quotes in the same message...LOL!

[monkeymagic717]

He is insured and he is apparently waiting payout for it, he has had the car back but cant afford to get car repaired or the person who was actually driving the car when the accident happened is going to pay for getting the car repaired. He has no attention of giving me that money i know that.

[Jeff2000]

Originally Posted by monkeymagic717

He is insured and he is apparently waiting payout for it, he has had the car back but cant afford to get car repaired or the person who was actually driving the car when the accident happened is going to pay for getting the car repaired. He has no attention of giving me that money i know that.

Hi,


I think it's time to stop beating around the bush, and get that first letter sent to him, to be honest!

Go for it!


Good luck, Jeff.

[monkeymagic717]

i will, i'm going away for a week now though and when i return i will send him that letter. i wont do it while i'm gone as my dad will be at home alone and dont want them idiots to come round while no-one is here.

should he still continue to pay me though or can he refuse to pay until it gets to court?

[marcelle]

He can do what he likes but it would be wise to continue paying you as he'd only be paying out more in the end due to interest charged. You must submit a spreadsheet with your N1 claim form of payments already made with dates and outstanding amount.

[monkeymagic717]

Originally Posted by marcelle

He can do what he likes but it would be wise to continue paying you as he'd only be paying out more in the end due to interest charged. You must submit a spreadsheet with your N1 claim form of payments already made with dates and outstanding amount.

ok... just wish he would give the whole amount and **** off

[monkeymagic717]

I accepted the monthly payments he was giving of £100 per month, he owes less than 1k now. This months payment he is due to give today, its 21.20 and he is no longer answering my calls or anything. He's trying to get me vexed but I will not fall for it, whats the best option for me legally. Going small claims for £900 would that be worth it?

[Conniff]

I think you know the answer to your question.
You had all the encouragement back in August, you have threatened you will do it, now is the time.
Yes £900 is a small claim, so send him the demand and if no reply the letter before action and then carry it out, don't dilly dally, get it done or you will be back again in another four months asking the same question.

[marcelle]

Originally Posted by Conniff

I think you know the answer to your question.
You had all the encouragement back in August, you have threatened you will do it, now is the time.
Yes £900 is a small claim, so send him the demand and if no reply the letter before action and then carry it out, don't dilly dally, get it done or you will be back again in another four months asking the same question.

Exactly!

[monkeymagic717]

Thank you for your help, whats the chances that the court would decide he is to pay the same monthly amount or a larger amount per month or the whole £900 that he owes?

[monkeymagic717]

Still angry about it so called him again, he said he was "sleeping" whole of yesterday and didn't give me the money. today he is willing to give the hundred but refused to pay anything higher than that on a montly basis and is prepared to go court.

What are my options and what would I need to show when taking it court? Should I take the £100 off him today and then tell him I am going to take him to court for the £800?