TaviaRS

I'm basically taking someone to court for money I'm owed. He's given me 2 rather rubbery cheques for the money. He's now disputing that he owes it to me.

Who goes first, me or him? Does the judge run things ie call witnesses? They are all my witnesses and they have provided written evidence.

Basically, how does it work?

Nick

OK I think you need to see a solicitor & get some advice about the case. Not to prosecute for you, just to advise.

Why won't the guy pay? What's the payment for? You don't give much away when you want advice do you?

Anhow, bouncing a cheque on you is an unlawful act in itself. You will get judgement in your favour for that. Next is does he have a counterclaim? If he does, you're in for a long expensive ride. Even after that, he's bouncing cheques because he has no money, right? If so, you win the case, then he doesn't pay you. You go back to court again etc etc & it goes on like that. Maybe he ends up paying £50 per month, but only pays for 3 months. You go back to court again.... get the idea?

So...

1. Get legal advice
2. How strong is your case?
3. Is there a counterclaim?
4. Does the guy have any money if you win the case?

Often the best bet is to write it off, especially if you run a business & can get tax relief on the loss. Don't kid yourself that the legal system is fair.

mart360

if you go down to your local court, they usually have a leaflet on how to diy

i did it when i started my divoce procedings...... i had to do yhe swear on the bible bit!!


now divorced...


mart

TaviaRS

Nick I've seen a solicitor about it who reckons it's 95% + likely that I will win the case, mainly due to the 2 cheques, issued 6 weeks apart for the full amount.

It's just the procedural part of it I'm not sure about and don't really fancy the £180 per hour that my solicitor will charge to tell me that the judge asks questions first, then I get a go , then the defendent gets a go.

The guy does have the money to pay.

Atom290

The event is set around a table in the judges chambers. It would be the judge at the head of the table then you and your solicitor on one side, and the defendant and their solicitor on the other. All very informal, mine involved matchbox cars, as it was over a crash!

As always it is the prosecution that goes first, so that will be you.

Keep cool, and address the judge as your highness and all will go your way.

You do realise that just because the court awards judgement it is no guarantee that he will pay

But you can apply for an attachment of earnings if he works for someone.

The other idea is queue up and see the Citizens Advice Bureau thats free, but dont go when all of the chavs choose to go else you will have to sit in a large room and listen to them babble on about their novas amongst other things LOL

Good luck

davegtt

Been to the small claims, basically I say around a table facing the guy I was sueing and the judge ont end of the table. personally thought it was very INformal IMO. very casual and as long as you are straight up and calm, explain what happened from start to finish whilst showing evidence (i.e. copys of bank statements with proof of bounced cheques etc and I cant see u loosing.

this guy saying he doesnt owe u the money now right? well why did he write you 2 cheques for the full amount. show that to the judge and Im sure he'll make his own mind up from that

as said this is no gaurentee you'll get a pay out. took me the best part of 4 years to get 3k back from a car dealer. £100 a month. he claimed all the cars on his forecourt was his brothers and he didnt own any of the cars he had on the garage so couldnt pay up. ended up with the bailiffs going in etc but he managed to eveade them and carried on paying the £100 a month

Good luck

Daryl

He might prefer to be called 'your Honour'!

hawkeye

ive taken 3 people to court in a small claims court for varying things... grrr and it really isnt that bad the first time is un-settling but take your time if you mess up or fumble your words the judge will allow for this its NOT like going to "REAL" court

if you need any further info or help please pm me and ill help u out

hawk (paul)

Phil

Its Claimant and respondant IIRC rather than Prosecution and defence

Very Easy the Judges are very helpful

With 2 bounced cheques there is little doubt you will win IMHO


Getting the money may be a little more difficult but once you have judgement persist with enforcement.

GaryK

Yes as already said judgement in your favour doesnt mean you'll get the money. Ive used the small claims court before and although it was effective it was very long winded, once took me two years to get £500 back I was owed!

Atom290

There are debt companies that will buy the debt off you

You dont get all of the monies obviously, but if you weigh it up as to the length of time its going to take you to get all of the money then it can be worth while.

Either that or a baseball bat, and a mask that looks like Tony B'lair always goes down a treat.

Or you could take him on endless scarey laps of the n'ring until he agrees to pay you in cash

Phil

Either that or a baseball bat, and a mask that looks like Tony B'lair always goes down a treat.



Sorry but thats incitment to commit a criminal offence and whilst I am sure it was said in jest IMHO its a dangerous comment to make

I mean wearing a Tony Blair mask in Public

davegtt

it'll defo make more agro for them if anything, he cant get loans or credit etc with a CCJ against his name either

Paulo P

iTrader: (42)

The guy deserves it He is a proper ****! I hope you get what you are owed Jon & some interest and compo too.

I'm just disapointed that it was a fellow scoobynetter who sourced it for you and is a friend of his and has washed his hands of it

If I were you though I would make sure that I am there at court, he probably won't turn up going on his past Not sure you will need witnesses yet though.

Mice_Elf

If it's a quick and easy solution you need then use http://www.moneyclaim.gov.uk

I've just used this in order to get someone to pay me money that they owed and were refusing point blank to respond to emails / telephone calls or letters.

It takes you through the whole process, is very easy and can get the bailiffs out as per a normal case, but you don't have to go anywhere and can see the progress on line.


ETA : I started the claim in February of this year and I received the cheque for the amount owed on Monday this week. My case was allowing someone to take parts of my car away and "promise" to pay for them. I did not have to show emails or letters stating that he had promised X amount of money (although I kept them, just in case). He had the chance to put in a counter claim, which he did not, although he had told me that if I went to the small claims court, I'd get nothing.

The bailiff dealing with my case kept me informed at every stage and was very efficient.

TaviaRS

Thanks for all the help

Jon, I think I'd probably push him out the door at a certain bend where he'd more than likely get hit by a low flying TT convertible

Mice, I started through moneyclaim, got awarded judgement, but then they found he had put in a defence with the wrong fee so judgement was overturned and now we go to court.

Paul, subtly put

All the others, I know he probably won't pay, even with a CCJ against him. Or worse, he'll appeal the decision, run up loads of legal bills for us both then declare himself bankrupt

Iwan

Nah he'll get a loan no problem, what about all the chav finance companies that advertise on Sky? Ocean Finance, Norton Finance etc etc. ;-)

"Loans are secured on your children" etc etc.



Iwan

Iwan

Another link for small claims court is http://www.courtservice.gov.uk

Iwan

Atom290

I don think you can appeal a decision made in the small claims.

Tell the judge that you feel he is not going to honour the debt, and insist the debt is repaid in full, within 14 days.

Then appoint Bailiffs on the nice man, they will go get anything they can

Paulo P

iTrader: (42)

Sorry Makes my blood boil that's all