taking friend to small claims court - Page 5

monkeymagic717 · 1st February 2008, 16:36

I managed to contact him and he claimed that he could give me the money late this evening and that I should meet him somewhere after ten this evening and also claimed that he has "proof" that he paid me the whole amount!

tomterm8 · 1st February 2008, 18:02

I would not advise you to meet him, in these circumstances. suggest an alternative time.

monkeymagic717 · 1st February 2008, 19:41

Quote:

Originally Posted by tomterm8

I would not advise you to meet him, in these circumstances. suggest an alternative time.

He won't phone me again, he wants to take it to court for some reason. The fact that he is now claiming I have signed a receipt that he has paid the full amount without my actual signature and consent means he's taken this to a different level. The mobile phone company I am with and my house telephone will prove that he has not contacted me in the 35 days at least. What is my best option now, I am sending him that letter by recorded delivery, to only his home or his work as well? He doesn't think I will take it that far

monkeymagic717 · 2nd February 2008, 21:24

He called me today asking to meet me to pay this months installment and would call me tonight (which he hasn't done). He called me from his work which records all calls , do I now call his work Monday and request a copy of that recording to highlight the fact that A) he owes me money B) He still hasn't paid me and expects me to chase after him. ADVICE NEEDED ASAP

noomill060 · 2nd February 2008, 21:37

"A) he owes me money B) He still hasn't paid me and expects me to chase after him."

Yeah- its laughable.

Heres my advice-

If he wants to pay you, he will send you your money.

Dont dance to his tune or humour him or pander to whatever daft plan he suggests, in any way.

noomill060 · 2nd February 2008, 21:42

More advice after reading all of this thread:

Stop ****ing about and start a Small Claim.

monkeymagic717 · 2nd February 2008, 21:53

I wasn't expecting a call and regardless of whether he called me today or not, I was going to send him that first letter outlining the details of our agreement. and then giving him 14 days to reply before the second letter. Can I legally ask for a copy of that phone call that was made to me today from his work? I have deleted his number from phone and have stopped all contact with him since Friday. The letter I send him first, does it have to be via a solicitor or can I send it?

monkeymagic717 · 2nd February 2008, 21:57

Cheers for your help noomill060

tomterm8 · 2nd February 2008, 22:51

Quote:

Originally Posted by monkeymagic717

I wasn't expecting a call and regardless of whether he called me today or not, I was going to send him that first letter outlining the details of our agreement. and then giving him 14 days to reply before the second letter. Can I legally ask for a copy of that phone call that was made to me today from his work? I have deleted his number from phone and have stopped all contact with him since Friday. The letter I send him first, does it have to be via a solicitor or can I send it?

In terms of that letter, I would change it so A and B reat A OR B...

I would send the letter, then another letter in 14 days, and then file a claim.

monkeymagic717 · 2nd February 2008, 23:14

Thanks Tom.

Will re-amend that and send the letter then, does the letter make sense and sound reasonable? Also it's vital that I get a copy of that call that was made today as like I said earlier he also claimed on Friday that he can get a copy of "evidence" that he has paid me the full amount which is not the case otherwise he wouldn't have called me today and said he wanted to hand over this month's payment. If he called tomorrow what should I or should not say as I want to resolve this matter asap.

tomterm8 · 3rd February 2008, 17:17

yeah, it sounds OK...

Personally, I would send it, wait the 14 days, and then go to court. I wouldn't waste more time talking to him.

monkeymagic717 · 3rd February 2008, 21:05

He paid me the monthly payment today, on the receipts I gave him, it stated that his next payment is due at the START of next month which he crossed out and in a couple of months time I'm going away on holiday so I pre-warned him to pay a couple of days before the usual payment date as I won't be here which he again crossed out and said that he would pay me twice the month AFTER!!! I rewrote that next payment is due at the start of the month before signing it and he also said to me what's point of going court for that extra cost and that he is within his rights to pay me next month's figure in 1p coins. He then offered £80 extra which I declined as I didn't believe him.

monkeymagic717 · 10th March 2008, 13:41

Having sought advice with Citizens Advice Bureau also, they suggested not to make a claim as long as he was paying on a monthly basis. This month however he has said he will pay within next 24 hours and it is now the 10th March!!! He said he had family problems to sort out and will be in touch.... Having spoken to CAB again they said to send him a letter before action advising him of our payment agreement. The 8% interest he owes, would that be of the outstanding figure now of £700 or what he originally owed? 8% interest on £700 still comes to £56 per day?? I have not bothered contacting him now, I have done the letter, got his address and will be sending him notice via recorded delivery.

Is there anything else that should be done? CAB advised that even if I take him small claims there is no guarantee that he will or has to pay me the money back?

buzby · 10th March 2008, 14:26

Er no - it is 8% per ANNUM not per day! Also, you have no right to 8% unless you have it agreed in writing you have obtained a court judgement and requested this percentage. If you've still to take him to court, you've no hope of enforcing this interest until after judgement.

monkeymagic717 · 10th March 2008, 14:37

Thanks Buzby for that.... must have misread earlier posts on this thread! What's chances of me winning my case irrespective of the interest? He called me just a few mins ago and said he will try to pay me today as he is off abroad for a few days!

monkeymagic717 · 1st April 2008, 12:36

***UPDATE*** Following CAB's advice and taking payments from him monthly, last month prior to me going away on holiday, he was due to pay me my monthly amount the day before I went away which he didn't do. He is now a MONTH behind payment schedules and is stating he will either pay this months figure today or nothing at all... What's best thing to do? Getting through to Citizens Advice is near impossible

buzby · 1st April 2008, 13:22

There comes a time you have to draw a line under it and pursue the repayment formally. As long as you can prove he has not met your agreed payment schedule, you should be OK. CAB will not be of much use, depending on the amount owed, does he have any assets that you could take the benefit of should you be successful in your court action. Often the answer is no, and you just have to accept the repayment on his terms - which I agree is hardly encouraging.

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