taking friend to small claims court

[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.

[monkeymagic717]

No, you just put the precise amount he owes you...ie £1300 then if it goes as far as the court stage, that's when you slap on the 8% per year interest but work the interest out as per day.

 

per day

[monkeymagic717]

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.

 

oh ok mate.... he doesnt have kids so thats cool, the house ISNT in his name, he cant claim all his outgoings are going on just a car then can he

[Stillborn Crisps]

I think he'd struggle to convince a judge given what you've said. The means form is meant to be for people who are really on the breadline, living off benefits, etc...

[monkeymagic717]

I think he'd struggle to convince a judge given what you've said. The means form is meant to be for people who are really on the breadline, living off benefits, etc...

 

thats what i like to hear.... but whoever is giving him advice seems to think he can do it so he only has to pay the bare minimum per month. Also can i hand deliver the letter to his home address and finally it is reasonable to assume that he continues paying whatever he was per month while the case is taken to court?

[rontocknell]

Reporting his weed-selling activities isn't going to solve your problem so I'd suggest that you follow the good advice you've been given so far and stick to the case in point.

[ICY]

thats what i like to hear.... but whoever is giving him advice seems to think he can do it so he only has to pay the bare minimum per month. Also can i hand deliver the letter to his home address and finally it is reasonable to assume that he continues paying whatever he was per month while the case is taken to court?

 

I wouldnt hand deliver the letter as there is no actual proof it has been posted and you may need to prove he received this letter if it gets to court, use royal mail, either recorded delivery or special delivery ;-)

[monkeymagic717]

Reporting his weed-selling activities isn't going to solve your problem so I'd suggest that you follow the good advice you've been given so far and stick to the case in point.

 

i know i was just ranting n raving cuz i hate the bloke i really do

[monkeymagic717]

I wouldnt hand deliver the letter as there is no actual proof it has been posted and you may need to prove he received this letter if it gets to court, use royal mail, either recorded delivery or special delivery ;-)

 

ok well i've got his postcode now. is he within in his right to stop paying me until it went to court then? I have discussed he will waste money on a solicitor, he may possible get bad credit against his name but he seems fine about it as he doesnt intend to purchase anything else in the near future

[marcelle]

If he doesn't respond during the court stage he will get a default against his name then it is up to you to decide what to do next.... whether to use enforcements such as bailiffs, order for oral examination (that's the one i went for), attachment of earnings, etc.....

 

He seems extremely infantile if he doesn't mind getting a default against his name as he doesn't intend to purchase anything in the future!!!!!! What a foolish statement! How does he know what the furture would hold for him.... does this man not think of when he has a family in the future???? I guess this must be his immaturity talking.

 

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.

[marcelle]

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]

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]

 

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]

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]

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]

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]

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]

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]

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!