taking friend to small claims court

[buzby]

Originally Posted by monkeymagic717

What's my next plan of action?

If you want to take the next step - do it here;

https://www.moneyclaim.gov.uk/csmco/index.jsp

But as I noted earlier, you could just be throwing more money at the problem with no guarantee of success.

[monkeymagic717]

Well he owes me last month's money, has made no attempt to contact me to pay this months money, has ignored the letter i have sent him so I can hardly sit back like an idle fool and allow him to get away with this. As I've said before I don't care if court tell me he can pay even less than he does now as long as some kind of agreement is made and I don't have to deal with the ********

[Stillborn Crisps]

If they made him pay it back in full you're laughing, but if the court made him pay a set amount each month he could still dick you around like he is doing now, and you'd have to keep corresponding with the court explaining what was happening to get them to re-enforce it, etc...

In my experience it wouldn't necessarily make it any easier. Ok, it just might make him take the matter more seriously, but given all you've explained about him so far it don't sound like he would.

I'm not saying don't go ahead with the court stuff coz I think you probably should, I'm just saying don't expect it to be a magic wand.

[monkeymagic717]

Ok again have started receiving payments from him an he now only owes £400 and has stopped paying me and now is he unreachable by phone. What should my second letter state to him?

[Conniff]

I think you have had suggested to you many times what your options are but you seem reluctant to do so.

No one can make up your mind for you, the solutions have been spelt out and it now up to you. You either want to take him to court or you don't, there is no inbetween.

You must now make a decision on what you are going to do and stick to it, it's no good coming back saying he has started paying you again.

[maz1964]

Monkey majic,

like coniff has again explained, your options are really clear - take him to court and i think really you will get a result but at what cost to you?

maybe the attachment to earnings will make him sit up and get his debt paid and his employer will know about the debt, will that make any difference to him? i dont really think so

if you did read my post back in april about my situation, i wish i was in your situation at only 400.00 - i would have a pint and think about the mate who owed me only 400.00 and think that he should have what he owed me still on his conscious cos enough is enough now, im letting this go and am just going to say that somehow ive helped a person in far more need than myself.

This will otherwise engulf you and make you bitter - and your life is passing you by, like someone else commented this has been going on since last year, its taken a year of your life over, this is not worth the aggro.

I do hope you can just either speak to him face to face and not get angry but talk to him infront of his family about the money and see if that embarrasses him to pay you , if not then your decision must be made to what is going to make you happy.

Him not being able to be reachable by phone suggests he has a new number, thats a loud message to you that he aint paying you if he can help it.

Go to court if its going to make you feel better but think about how its going to still impact on your life, or just let it go and think you have helped a person in your life, and believe you are a fab person and in time someone will do you a good turn - thats when its payback time, 400.00 quid is in principal important to you i agree, but im also saying not for the sake of bad health and stress in your life.

Keep happy and make a decision that only you will feel happy with and follow it through to the end.

Ciao for now MAZ

[monkeymagic717]

Much appreciated with everyone's comments here but I would still like to pursue my claim against him so any advice on what to send in the second letter would be helpful

[Conniff]

If you have sent him a letter telling him that unless he makes regular payments you will take him to court, then there is no other letter, you go online and file a claim.

The link is in post #121 by buzby.

[monkeymagic717]

Oh, I was told that my first letter would tell him the payment agreement again and second letter would tell him of my intention to take him to court if he did not resolve the matter within a time frame?

[tomterm8]

Dear Mr X,

With regard to my letter of DATE, I note no further repayments have been made. I regret to inform you that I will bring a legal action against you on DATE at 11:23 AM, unless payments are made.

Yours Sincerly,

XXX.

Date should be 14 days, then you sue them with no further corrispondance.

[monkeymagic717]

Cheers Tom