Thread: Particulars Of Claim - Sueing a person

Hi all,

My girlfriend lent someone £167 for a deposit for a flat. The landlord, his wife, a friend and myself all witnessed the transaction. The problem I have now is that the person she lent the money to is no longer a friend and owes her £167, we have sent loads of letters to his address one was signed for by his girlfriend that we have proof of but the rest (4) were refused at the door as he knew that they were lba's etc. Now the court stage;
I've got the claimants details, defendants details where we are pretty sure he is living now, (where he was before) Brief details of claim "persueing an amount lent for the deposit of a property where witnesses were present."

Next stage that I really don't know about, the Particulars of Claim. I will have a go and try my best but is there anything in particular I need to put in there?

Thanks

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Ok I've drawn up a draft of what I wanna send in as the Particulars of Claim, what do people think?

1. "The Claimant" lent "The Defendant" the amount of £167 in cash to put down a deposit for a property. "The Defendant" indicated the amount that was lend on the 5th April 2007 would be repaid as soon as possible.
2. "The Defendant" left the rented property and claimed back the deposit in full from the landlord. "The Landlord" (**Landlords name and address**) witnessed "The Claimant" hand the money to "The Defendant".
3. The witnesses of the transaction were;
**list of names and addresses of four witnesses**

The above witnesses are willing to attend court and provide statements of the events.

4. "The Defendant" was present at the time of the transaction also. At no time did he indicate that the funds would not be repaid.
5. There have been four attempts to contact "The Defendant", the first attempt was sent Recorded Delivery and was signed for at the address by the defendants partner. All further attempts to contact "The Defendant" have been returned to sender marked as refused by Royal Mail.
6. The Claimant Claims;
(a)The amount of £167 be returned.
(b) Costs allowed by the court.

how does this look?

Thats great, thanks for that. So when do the witness statements go in? at the stage where I submit my bundle before hearing?

As a suggestion, I would change all references to "The Claimant" to "I", and all references to "The Defendant" to the name of the person you are suing...

On the 5th April 2007 I lent the Mrs wigglesbottom the sum of £167 for the purposes of a deposit on the rent / the purchase of ADDRESS

Originally Posted by pt2537

well it was written quickly tom but yes you are probably right

Most people on the forum use the claimant / the defendant in POC's, because we simply don't know the names of the parties. So it wasn't a criticism.

But it does make it easier for the judge to read if you use the names of the parties.

Hi everyone, thanks. Thats the kind of help I needed as I am used to claiming bank charges I had a feeling it would be different for claiming back from an individual.

Thanks

Ok have edited my POC's to say the name of the person claiming and defendant rather than referring to the word claimant etc.

Does the end bit look ok?

Accordingly the claimant claims;
1. The sum of £167
2. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to 8th November 2007 of £8.16 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 3.84p.
3. Costs of £30

TOTAL = £205.16

In brief details of claim is there anything specific I need to put or just "Claim persueing monies lent for the purpose of a deposit on a property"

Thanks everyone.

I think that's a decent summary, yeah, orfoster.

wow that was fast! thanks for that. Thats what I will use then. I very much doubt the person will even open the letter from the courts but we'll see.

If i get judgment and he doesn't pay do the courts send the baliffs in or does that cost me as well?

Originally Posted by orfoster

wow that was fast! thanks for that. Thats what I will use then. I very much doubt the person will even open the letter from the courts but we'll see.

If i get judgment and he doesn't pay do the courts send the baliffs in or does that cost me as well?

Well... it will cost you a little bit of money. Different people take different approaches. Some people go for a nice little court appearance for the debtor, and then a third party debt order, others just get in the baliff .... I tend to find the court baliff isn't a very quick route to your money.

Basically, get the CCJ first, and then worry about the enforcement of the CCJ Any enforcement costs can be recovered from the debtor anyway.

Does anyone else find it strange to be advising people about how to enforce a CCJ. Definatly NOT my ususal status in life

Lol yeah thats the normal way of doing things but I like to be different. Well ideally the guy would have returned the money by now but leaves us no choice. Thanks for your advice everyone.

My Girlfriend is currently on Income Support so I know she doesn't have to pay the £30 court fee to start the claim, or does she have to pay it and it be refunded? Also will the £55 fee count and be paid for under the benefits?

Thanks

Hi everyone,

Court Claim Issued, deemed served on 17th November

Today received a letter from the court, in the same envelope at top saying "Notice that Acknowledgement of Servic has been filed" The defendant filed acknowledgement of service on 23rd November and then another one saying "Notice of Defence that amount claimed has been paid"

So why did they send the acknowledgement of service letter with the defence?

Anyway basically we didn't think this guy would actually go and do it but has now defended don't know if anyone helped him but I will sum up his defence because there are a few things I don't think are right.

"Give details of where and how you paid it in the box"
I approached Miss XXX's house, she sa me outside the window and refused to answer the door, I then posted the money in a envelope through her door and sent a text message to tell her I had done, same as I did with the other person(Miss F).

(It was my gf and her best mate (Miss F) that lent him the money and he paid her back the £200 but hasn't paid my gf)

On April 1st 2007 Miss XXX gave me £167 and Miss F gave me £200 to use for a deposit to a shared house. This was witnessed by Miss F and Miss XXX only.

(Wrong, myself witnessed the money change hands and he had talked about lending the money to the girls to about 5 other people)

My relationship between myself and Miss XXX and Miss F became hostile when I mentioned moving back with my partner, for which the Police had to be contacted multiple times because of their behavior.

(Never have any of us had Police contact us and none of us have ever done anything at all wrong towards him, we are not like that, so what can we do about the lies, surely the Police won't have any record of this?!)

Upon moving out I took £200 round to Miss F's house, nobody answered so I posted it in an evelope through her door and sent a text message to which she replied she had received it, I then took £170 round to Miss XXX she scowled at me out of the window and refused to answer the door so I posted it in an envelope and sent a text message, this was witnessed by my partner and friend who were helping me move home.

(He makes out that there was some kind of fall out as Miss XXX scowled at him, this wasn't the case and im pretty sure my gf wasn't home that day and if someone came round with £170 you wouldn't turn them away, if their was some kind of fall out would you put cash through the door, although he doesn't state which method he used to pay he can't say any other method as he would have no proof)

I have received threats from Miss XXX and other things.

Errrr no he hasn't, he has had Prelims and lba's threatening court action but no threats, again he wouldn't be able to prove that as there are none!

I believe this is a spiteful attempt to get money from myself and I declare I paid her £170, the landlord however, Miss XXX's next door neighbour failed to return my deposit so I feel like I have paid this twice.

The landlord is prepared to go to court also as the defendant for fitted his deposit as the last four weeks rent. Not that it simply was withheld, but this again has no bearing on the case surely?!

This is not the only game Miss XXX and Miss F have played on me and it will not be the last.

Again, I don't think this should be allowed to be put in here as it really makes my gf and her friend look bad and is completely untrue.

_________________________ _____________________

We now have until 21st December to either proceed or give up, we will proceed but what will happen next and is there anything we can do about the points I have made above??

Sorry this is a really long post but we don't really know what else to do next, I will get this form returned asap but wanted to know if we can send anything back.

Thanks.