taking friend to small claims court - Page 6

Jeff2000 · 1st April 2008, 15:08

Hi monkeymagic,

It sounds resonable enough to me. He owes you money and appears to agree that he owes you it. He then states that he will pay the due amount on a particular day, then doesn't show up! This has now happened on a number of occasions, so it would be fair to say that it will happen again until you do something more formal about it!

Regards, Jeff.

monkeymagic717 · 1st April 2008, 18:49

Well I spoke to him and he said things happen in regards to not paying me last month and that he would he pay me this months repayment. I refused as he owes me more than that and will be proceeding with my letter before action. What is the best way to write that the letter is being sent due to him being behind in repayments and making no attempt to catch up with his repayments?

buzby · 1st April 2008, 20:03

Unless he has assets you can access as part of a successful court action, I wouldn't bother. If he decides to bankrupt himself, you'll be left with nothing, and just more expense. Although he is paying late, that's a lot better than not paying at all.

monkeymagic717 · 2nd April 2008, 12:40

Hang on.... if he earns around £1,200 net per month and lives in a brand new home and has fairly new car how can it be that he couldnt afford to pay me or things are taken to the value of what he owes? He could decide he doesnt want to pay next month if thats the case and pay whenever he feels like it? Whats point of signing a receipt confirming he owes x amount of money and will pay 1st March is he isnt going to?

buzby · 2nd April 2008, 12:53

New home? Mortgaged. New car? HP/Leased. What's the point in signing a receipt? Nothing, it made you happy and got you off his back. Court actions are always a 'last resort' and if the defender is a 'man of straw' then there's little point spending more money to get nowhere.

I'm not defending his actions, far from it - but a house and car count for nothing, as if he's borrowed from you - he's borrowed from others, and you can bet you'll be at the end of the line when money is tight.

monkeymagic717 · 2nd April 2008, 13:01

I appreciate your advice however the signing of the receipt must carry some weight legally otherwise i could be here this time next year with him still owing me £700? I am not bothered if court decide he has a ccj against him or he pay's me £10 a mth as long as he doesnt call the shots anymore

WizardWheels · 2nd April 2008, 13:38

Hi Monkeymagic

I would start the claim and get everything on a formal basis. If he has evidence that you have been paid the full amout then he will have to send you a copy before the hearing in order for it to be used in court. Likewise you will have to send him a copy of any evidence that you have against him before the hearing but I don't suppose that will be a problem for you.

When you are successful (as I feel you will be), he will have to fill in a form detailing his expenses and the judge will decide how much he has to pay and woe betide him if he becomes in breach of a court order!

Or you can apply for an attachment of earnings order where the required payment comes directly from his employer, he has no choice in the matter and you have no more missed payments. Job done! good luck.

parsonage · 2nd April 2008, 14:57

And it could very well be that, once he receives court papers, he will pay you what he owes and you can then drop the claim. Filing at court is not necessarily the same as going to court but it does mean you mean business and are no longer prepared to be walked over like this.

Conniff · 2nd April 2008, 17:31

This has been going on so long now that I think you should just go ahead and issue a court claim, or apply for a charge against his house.
I like the attachment to earnings one the best though.

scaper · 2nd April 2008, 17:58

I cannot believe that I have just read this whole thread, starting on 1st August last year, and we are still here today!

Please, please take the b*gger to court or just drop the matter.

All this hassle cannot be worth £700!!!!!!!

buzby · 2nd April 2008, 18:00

Everyone seems to overlook the fact it's going to cost a further £100 to get anywhere ( incl enforcement fees) and if there's nothing 'in the pot' you might as well have kept it in your pocket and put it towards your existing loss.

Winning in court provides no guarantee you'll be paid whatsoever - and if he decides to go bankrupt, the court action is totally wasted (apart from the CCJ) which only benefits other lenders. BTDT... and watched them laugh in the safe hands of their accountant in administration.

Only when you've identified a revenue stream you can access is any of it worthwhile.

tomterm8 · 2nd April 2008, 19:34

Personally, I would hold off legal action. I agree with Raymond, it is quite likely that taking him to court will not help you in the long run. At the moment, he is paying you - allbeit slowly and not consitantly.

I'm afraid I don't have a huge amount of confidence in the court being able to extract the money, even if you win.

monkeymagic717 · 3rd April 2008, 10:33

I have sent him a letter before action today requesting either the full amount of £700 OR the arrears of £200 and then monthly payments of £100 from next month onwards

monkeymagic717 · 4th April 2008, 16:39

Question, if he phones from his work place (a call centre) am I legally entitled to ask for a copy of that call from his employers?

buzby · 4th April 2008, 17:15

Interesting question. If he's using his employer's resources to make private calls, then there is no requirement for the calls to be recorded (or indeed noted) so the issue would be whether you were advised that the calls was to be recorded at any time. If it was a private call, the call may not have been routinely recorded in this way, do asking the employer may not be productive... unless you can give the precise date ads time and are wanting a transcript of it....

tomterm8 · 4th April 2008, 22:35

If there is a recording, then a judge may order them to disclose that recording, however this is at the judges discretion.

monkeymagic717 · 4th April 2008, 23:18

he isn't permitted to make personal phone calls from his work place
all calls are automatically recorded.
they should be able to match my phone number to all calls that have been made by him to my phone in last 6 months i think.
he called today and said i'm being stupid and to take the £100 an the march payment will be paid some other time

monkeymagic717 · 22nd April 2008, 18:08

I sent letter and gave him 14 days to respond, to either pay me the full amount owing, to pay me the arrears owed and then to continue his monthly payments but I have had no response and the 14 days is nearly up.

What's my next plan of action?

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