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Discussion Starter #1
I`m about to go down the route (unfortunatley) of going throught the small claims court procedure to recover the money i`m owed from a job I did over 3 months ago. The people ( a church organisation would you believe) are ignoring all my letters for the outstanding amount. Anyway, I dont want to go into anymore detail, but would be grateful if anyone has any advice before I start the ball rolling. I`ve been told I need to send them a Letter of Intent, so what should I be putting in this and are there any hidden things that I need to know that could catch me out.

Cheers

Phil
 

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Go to your nearest court, get the forms. Or download them. Fill them in but dont send them.

Send a copy to your late payers with a covering letter saying they have 10 days to pay or you will send the forms in. Send this Special delivery so you get a signature.


You do not need to tell them you are taking them to court, you do not need to give them a letter of intent, dont worry about that.


page 3 of this leaflet http://www.hmcourts-service.gov.uk/courtfinder/forms/ex301.pdf gives an idea of what to say, but do send a copy of the forms to show that all you need to do after 10 days is to pop them in the post. gets them thinking.

Good Luck.:ILU:
 

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The process is quite simple, and the forms etc are quite straight forward. My wife deals with non-payers for her job all the time, and you can now do all of the paperwork online and even file the paperwork without posting anything in the mail. Last time I took someone to court I send a series of ever more serious letters, eventually saying they had seven days to cough up. When they didn't, I sent off the forms and the rest was pretty easy. The judge will want to see that you have been doing everything to chase them, and so make sure you have all of the documents he/she will likely ask for. If the company you are chasing are out of your area you can ask for the hearing to be in your local court, and then they must attend your court (they cannot change this).

Assuming you win and the judge awards you damages and costs, they then have to pay up. Of course, this isn't so easy to enforce and if they have no money then you are wasting your time and court fees. However, there is nothing like winning and getting justice.

Good luck.

fleep
 

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Discussion Starter #5
If I do end up filing a claim with the courts how much is it likely to cost me. The amount i`m chasing is just over £1200.

Ta.
 
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If I do end up filing a claim with the courts how much is it likely to cost me. The amount i`m chasing is just over £1200.

Ta.
Should be £75



http://www.hmcourts-service.gov.uk/onlineservices/mcol/index.htm all on line here T:


give you the cost on there too T:


Like Fleep said you should send them ( THE NON PAYER) reminders /demands ect before claiming SEND ALL THESES REGISTED POST you've got to show that you have given them reasonable time to pay up
Dont forget you can claim interest on whats owed too
 

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I recently (three weeks ago) had to go to Small Claims. My insurance company was chasing a guy who opened a door onto my car, (he was a mini cab passenger).

My advice is, get your fact sorted and clear. Concise.

Dont lie. Dont even think of embellishing. You will get caught out. If something in the story isnt in your favour, admit it. Its natural. Its human.

At small claims the test of guilt is 'balance of probabilities' not 'beyond reasonable doubt'. That means the Magistrate will only need to work out whos story is more likely, not look for incontravertable proof.

You will not be in front of a jury. You will probably be in front of one Judge/Madge and the defendent. Thats all.

Its quite tense, as you probably dont want to even see the face of the git on the other side. I certainly didnt.

Do not be intimedated. Do a bit of body language, keep hands on table uncrossed, look the Magistrate in the eye, (not too much).

They will decide immediately. Once they decide in your favour they will give the defendent time to pay. Thats normally a month. IF they dont its a CCJ, so they do tend to pay up. They cannot appeal.

In my case the defendent was fined the £2600 damage he caused and I was able to add my time (I think its a max £50) and even parking costs. I didnt, but thats juts the way I am, I can work my own hours and didnt want to rub it in...Im sure you know that really by now its the principle. You get your court fees back too if you win.

And good luck, if it gets that far. And dont let the fact they are a charity or church bother you. Your favourite charity has to be the 'Gromit Luxury Yacht Appeal'.
 

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Discussion Starter #8
Cheers for all the replies guys. I`ve nothing to hide, basically I did a job for them, no problems with the job but they wont pay up. I cant see any way they can justify not paying. Going to get a court pack and get the ball rolling.


T:T:T:


Your favourite charity has to be the 'Gromit Luxury Yacht Appeal'.
More like the "Get Gromits van to 150BHP Charity"

I:I:I:
 

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Discussion Starter #10 (Edited)
Flippin heck, I used to service all the photocopiers in that place years ago. Might be worth a quick call if its only £2.

:)

Just registered an account with them so i`ll see if its worth getting them to send a letter.
 
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We have a draw full of blank court forms .

generally filling them in and faxing them to the company concerned works . It costs nowt cept a little time filling them in .

Its the same form that they would get from the courts but its not got the stamp on it .
 
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