Has anyone had to taken someone to small claims court?

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sadiedeb

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Now have nothing to do with a certain woman I wish I'd never met to be honest (the only good thing about the few months I knew her was buying my two horses from her) anyway she's owed me money since June and I've not had it back even though (when we were talking) numerous times verbally told me "when I get my compensation through" found out lots about her (she's not a very nice lady and now has criminal record) and cut ties with her completely before she got money (which I have heard she has received) but we're still waiting. Have sent her letter saying if not rec by 22nd will start legal action. Wondering where I actually stand as when I helped her out I thought we were friends so didn't get in writing only my note of what she owes me (nearly £300) and when/what for (do have one signature where I paid month rent £100 on her behalf)

Any advice would be appreciated?
Thank you:eek:
 
phone citizens advice. they can tell you what you can/cant do. As for small claims court, ive heard stories of people being made to pay but over something like 15/20 years at so much per week. If they dont pay one week, they have 6 weeks to cough it up so theoretically they only need to pay the basic sum once every 6 weeks!! If you can resolve it without legal input you'll get much more of your money back!
 
unfortunately think we've gone as far as we can without legal action . Had lots of promises when I thought we were friends. but since I asked her to move her horses from field I rent and have nothing to do with her (she was recently found guilty of around £100k tack theft!) she bascially doesn't give a toss! From what I've heard I'm one of many that she owes! Can't afford to give up on the money as she's cost me money already by not getting my boys microchipped and passported (and Echo gelded) which were agreed when I brought them!
 
It will cost you £80 to take her to court - which you can claim back from her along with interest at 8% from when she owed you the money. As it is Small Claims court you can not claim any costs of her, and neither can she claim of you. If you get solicitors involved it will cost you a lot more than £300, even for a few letters - and you won't be able to get that back of her.

You need to think carefully about going to court for a small amount - is it worth it? If you do want to do it you might want to do it by yourself - depends how confident you are.
 
Annoys me that she should get away with using people and get away scott free. I first started to fall out with her when although she owed me 300 she still went and brought another horse for over 1000 (at that point she had 5 and then days after that she brought back (not sure if she's paid them or not) a mare and foal). Her compensation was over £20k (she's on benefits) and she didn't get fine from her court case! whilst both me and my hubby are working hard to make ends meet. It just seems so unfair
 
she's brought another horse but still no sign of the money she owes me! It's like she's rubbing it my face that she doesn't have to pay me what can I do!!!!!!!!! so unless I get it by 22nd (as specified in my letter to her) I will take her to small claims says £30 as under £300 (have done a few of these for an old boss so got rough idea) my only worry is apart from a signature for £100 which says paying on her behalf rest is my word against hers. Hoping as she's on suspended sentence a legal form should prompt her to pay! I am not a happy bunny!!!!!!!!!!!
 
I am furious - just saw her so hubby asked what's happening about our money and her reply was you'll be getting a letter for what she's paid out ie hay in the big field (er I was paying for the field and for part of the time only had 1 horse in there whilst the small paddock she was (supposedly paying for) I was supply hay and water (as we are on meter) for her shetland along with my new forest - only when she got mare and foal in paddock did I put my NF in big field so I had 2 in their to her 5) and I still supplied water for the mare. What about the other horse I was kind of loaning and paying food for (only to have found out she was being paid to feed him!) I only want back the money for what I physcially paid for on her behalf (ie rent, fleece, some hard feed when she ran out and a 5 point harness) the rest as far as I saw it was because I paid for field she'd put in hay etc (as that's what we agreed). The worst thing was her little 4 year old making comments which had obviously been fed from his mum as it wasn't a 4 year old talking. Sorry rant over but really annoyed!!!!!!!!!!!!!!!!!!
 
Honest answer? Sadly this person will run rings round you in the small claims court. Even if the court orders against her ,she will ask for time to pay and you will get some ridiculouse amount like £5 a month. Eventualy she will stop paying and you will face the option of applying to the court again. The bailifs may be sent in but will probably only recover a few quid and give up. The only positive advice I can give you is that now you need never do anything for,or have anything to do ,with this person again.
 
But she had a huge compensation payout a few weeks ago (over 20k for what I heard) so she has got/had money and we've been struggling as had to get the boys passported (which was meant to be part of the deal when I brought them)- sorry about keep ranting but I'm so annoyed and I see her every day as she's still got her horses (6 I think at last count!) down the lane.
 
I wouldnt waste money taking her to court as she wont pay up anyway. So you will be more out of pocket.

I would however contact the benefits office just to mention the 20k compensation...;)
 
I just don't want to lower myself to her level by doing that - but I see what you mean considering she got a pathetic suspended sentence for being found guilt of £100k worth of tack theft she'll have not problem getting round the court about a mere £300! Just wouldn't be so bad if she wasn't walk past my house all the time (although she lives 30mins away) to see her horses I feel she's laughing at me
 
sadiedeb said:
I just don't want to lower myself to her level by doing that - but I see what you mean considering she got a pathetic suspended sentence for being found guilt of £100k worth of tack theft she'll have not problem getting round the court about a mere £300! Just wouldn't be so bad if she wasn't walk past my house all the time (although she lives 30mins away) to see her horses I feel she's laughing at me
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I have been through small claims court but did have written evidence and signature (long story) won no probem.

But as suggeste go to citizens advice bureau and speak (free) to one of the solicitors (I think you have to make an appointment so that there is one on duty when you go). They will advise you if you have a cat in h*lls chance if not resort to her level and report to benefits office. I would:D
 
i really feel sorry for the situation you are in . I agree with other posters though that she will run rings around you without written receipts etc. In life there are people who thrive on bad feelings and upset. I know its hard but she is using up a lot of your energy ... the only thing to do is walk away and dont look back. One day the grapevine will inform you of her downfall... be patient!
 
sadiedeb said:
I just don't want to lower myself to her level
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That, im afraid, is the only level she understands! You are going to hve to do things you dont want to do to get the money off her. By only doing what you are comfortable with has got you in this mess now - and she KNOWS that! She KNOWS she can run rings around you.
Do you or your husband know a couple of REALLY big blokes who can go give her a call? Try your local rugby club or nightclub bouncers.......
 
Have done it many, many times in business. Yes it takes time and you may get a judgement which forces her to pay 50p a month for the next 100 years, but hell, what a lot of satisfaction you will get out of it. The trick is not to let it get personal, and I can tell by your post that you are very, very upset, but dont get mad, get very, very even.

Also, ring the number whichi s on the HMRC website for benefit and tax fraud. I know for a fact that they do something about it - I reported a competitor for VAT fraud, and he was sent into compulsory liquidation by them and he did owe them a hell of a lof of money in unpaid VAT and tax. Sweet justice for a pig who peed me off for many years, defrauding left right and centre, while I ran (and still run) a legitimate business. You are not 'Stooping down to her level' at all. By ignoring these people, they get away scot free. No, I work work for HRMC either.

I would add that I am not a vindictive person at heart, but I do have a very strong sense of justice. If she owes you money then why on earth shouldnt you have it back. She has just had £20K, what has she done with it? Alternatively, take the advice of another poster further on up and send someone big and hairy about to her house. No violence obviously, but sometimes just the look of someone like that can spur them into paying up.

Good luck with it, she sound like scum. Remember - dont get mad, get very, very even.

By the way, I have had success when taking people to the small claims court. Most of them cough up actually before it goes there.
 
In relation to the £20k compensation, if the money was damages for a personal injury/medical negligence case, then there is what is called a "52 week disregard" on this sum where the person being awarded the compensation is on means tested benefits. It does not affect entitlement to benefits for 52 weeks and is as the name says, disregarded for the purpose of calculating entitlement to benefits for 52 weeks after the award. The money can be completely spent within that 52 weeks, or if it is put in a personal injury trust, it will be disregarded completely for longer than 52 weeks. If it is partly spent, then only the amount remaining after 52 weeks will be taken into account for the purpose of eligibility for benefits.

With regard to the small claims track at court, you could have a go and you will find the court will try to make things simple for you should you actually get as far as court, but the judge will thank you for being organised and having your case well prepared with all allegations clearly made out and supported by documentation and/or statements where necessary. The judge will not make your case for you; he or she can only make a judgment on the relevant evidence in front of them and will not asume evidence that is not there. The usual tight rules of evidence do not apply to the same extent, though the more "hard" evidence you have the better. Even if there is a counter claim, do not get sidetracked into making a personal vendetta of it - there is a saying in law that "you cannot litigate on principles" - just present your case with a straight bat and deal with any counterclaim in the same way. Judges can usually see straight through any personal spats as they see a lot of it and it is not encouraged in the court room.

You may be successful, in which case judgment will be entered against the defendant and any judgments etc make it harder for people to get credit, finance etc, though many do find ways round this. You may find you never get your money; this is often the hardest part of any claim. It all just depends on how far you want to go and how much stress and hassle you want to give yourself, or whether you are the sort of person who it wouldn't bother. You may equally find that the defendant is not bothered about court action either, so it will have little effect on him or her personally, however much you may want it to and however annoying the whole affair is. But the small claims track does exist for small claims, so there you go. Has to be your decision.

Hope this helps.
 
suppose one thing that does worry me is I have heard she has a bit of a temper and I know the lady that was in court with her took injunction out against her. It's stressful enough just walking past her in the road I don't know if I've got the confidence to follow it all through (although hubby determined not to let it go) - am very confused. Just wish even when I thought she was a friend I'd kept receipts and made her sign for things but you don't do that to friends do you!
 
Sorry, not had chance to read all the posts but...Yes, and a few people, you don't need a solicitor and you can do it yourself online, go to Money Claim Online, the fee will depend on how much you want to claim.
Depends what you want to get out of doing it, the money (or if not as she has none and no assets) then I am always happy if I don't get the money but and this is a big but....THEY GET A CCJ against their name, and that will ruin her credit rating and she will find it v diff to ever borrow money again.

If anyone as much as owed me a penny I would do it just for them getting the CCJ, but in a lot of cases just the threat of doing it just works.

Write or email her telling her unless she gives you the money she owes you within 14 days of your letter/ email you will take her to the Small Claims Court....You HAVE to do this in any case to show the court you have tried to be reasonable etc, needs to be in writing as its your proof.
 
feel uncomfortable actually naming her which is silly as she's been in papers and is story is online but if you google word "tack theft reading" you can see .

Part of me says let it go and enjoy the horses and ignore her but hubby and the other part of me say it's principle both hubby and i work hard for what we've got and nearly 300 is a lot of money - her buying new horses is like rubbing our noses in how she can get away with it because we've got no evidence
 
Mike007 said:
Honest answer? Sadly this person will run rings round you in the small claims court. Even if the court orders against her ,she will ask for time to pay and you will get some ridiculouse amount like £5 a month. Eventualy she will stop paying and you will face the option of applying to the court again. The bailifs may be sent in but will probably only recover a few quid and give up. The only positive advice I can give you is that now you need never do anything for,or have anything to do ,with this person again.
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The above advice is correct, we took a former business associate to small claims for £3.2k, we won judgement straight away but far from being the end that was only the beginning, it ultimately cost us nearly £1000, took 3 years and untold hassle and stress, in the end we gave up with the county court baliffs and engaged a private debt collection company, we got paid in dribs and drabs of £14 per month!

Don't waste your time or energy.
 
cariad said:
In relation to the £20k compensation, if the money was damages for a personal injury/medical negligence case, then there is what is called a "52 week disregard" on this sum where the person being awarded the compensation is on means tested benefits. It does not affect entitlement to benefits for 52 weeks and is as the name says, disregarded for the purpose of calculating entitlement to benefits for 52 weeks after the award. The money can be completely spent within that 52 weeks, or if it is put in a personal injury trust, it will be disregarded completely for longer than 52 weeks. If it is partly spent, then only the amount remaining after 52 weeks will be taken into account for the purpose of eligibility for benefits.

With regard to the small claims track at court, you could have a go and you will find the court will try to make things simple for you should you actually get as far as court, but the judge will thank you for being organised and having your case well prepared with all allegations clearly made out and supported by documentation and/or statements where necessary. The judge will not make your case for you; he or she can only make a judgment on the relevant evidence in front of them and will not asume evidence that is not there. The usual tight rules of evidence do not apply to the same extent, though the more "hard" evidence you have the better. Even if there is a counter claim, do not get sidetracked into making a personal vendetta of it - there is a saying in law that "you cannot litigate on principles" - just present your case with a straight bat and deal with any counterclaim in the same way. Judges can usually see straight through any personal spats as they see a lot of it and it is not encouraged in the court room.

You may be successful, in which case judgment will be entered against the defendant and any judgments etc make it harder for people to get credit, finance etc, though many do find ways round this. You may find you never get your money; this is often the hardest part of any claim. It all just depends on how far you want to go and how much stress and hassle you want to give yourself, or whether you are the sort of person who it wouldn't bother. You may equally find that the defendant is not bothered about court action either, so it will have little effect on him or her personally, however much you may want it to and however annoying the whole affair is. But the small claims track does exist for small claims, so there you go. Has to be your decision.

Hope this helps.
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Cariad, your good and you know your stuff. This is good advice and should be listened to seriously.(I speak as someone who has trampled his way through the entire legal system as far as the Law Lords).
 
We have won two cases in the SCC but your evidence has to be water tight.
Sadly yours isn't enough, you may just have to put it down to experience.
The only thing I have done which works (and is probably highly illegal!) is to write to her stating that if she doesn't pay up within 14 days you will personally inform every livery yard/tackshop/vet/farrier/feed merchant within a 20 mile radius to be careful dealing with her.
My woman paid up as she knew full well it was no idle threat from me..
 
We took a tack shop to the small claims court because they ordered some of our numnahs and then just didn't pay.

They didn't bother to contest it so obviously we 'won'. They paid one installment of £20 and never paid a single penny more. In my opinion SCC is a complete and utter waste of time.
 
Hope so, having done this stuff for 20 years, including House of Lords as it was then! Sadly, I find the serious claims of millions much easier to deal with than the small stuff, though everyone should have the same access to justice. Often however, there is no "justice" as such as there are always people who live on the edge and don't really have anything to lose by not complying with the law. It's not right and it's not fair, but that's the reality.
 
cariad said:
Hope so, having done this stuff for 20 years, including House of Lords as it was then! Sadly, I find the serious claims of millions much easier to deal with than the small stuff, though everyone should have the same access to justice. Often however, there is no "justice" as such as there are always people who live on the edge and don't really have anything to lose by not complying with the law. It's not right and it's not fair, but that's the reality.
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Sadly ,justice and the law are not the same thing. cariad, I suspect that you and I are two of a kind . I could even forgive you if you are welsh!
 
Exactly on the law/justice point. Very depressing at times.

No, I'm not Welsh, but my mare is called Cariad, hence the name. It means "darling" in Welsh, but a more mis-named creature you could not hope to meet. I love her dearly and have had her for what must be 16 years now, but she she really is part horse, part alligator and knows every trick in the book for getting you off. But if you're still there after she's gone through her considerable repertoire, she gives in and is a grand horse. One of a kind.
 
Cariad I hope I never cross you in any shape or form legally speaking, and if I do, hope you are on my side. The law is a total and utter arse and justice does not even come into it sometimes. I dont work in the legal profession, but my job requires me to have a very high level of legal knowledge in my chosen profession, which is landlord and tenant law. We do take people to court if they default on paying their fees, we do win. Most of the time we get the money before we go to court, on occasions we do end up resorting to court bailiffs. If you've agreed to pay for a service, pay for it, dont make excuses about alledged poor service to try and get out of paying for it.

I really feel for the OP. This other person is a bully and like other people have said, does not give a dam and lives life on the edge. I do hope she gets justice in one form or another. What goes around though, really does come round.
 
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