Horse returned to dealer, money not returned in full

[Calvados]

I recently bought a horse from a dealer. It was mis-sold and the dealer took it back. Haven't had all my money back and this'll probably end up in Court. I know that you can claim interest of 8% once you've started your claim. Can you add interest before that; an increasing bill may be an incentive to pay earlier rather than later?

 

[Sossigpoker]

You should write to the dealer giving them X days to refund your money , after which you will start court action and applying interest. I'd go with 7 or 14 days , depending on how lenient you are feeling.

If the dealer is CnG ,.you will need a lot of luck to get your money , in or out of court.

 

[Calvados]

Sorry CnG?

Was just wondering if you could apply interest before an MCOL claim.

I know you can claim your Court fee back if you get a CCJ plus 8% interest from the time you issue the claim. I believe the case is held in the County Court nearest the defendant. That'll be a 600 mile round trip for me and I would need an overnight stay. I know I can claim reasonable travelling expenses but will that stretch to overnight accommodation.

I'm hoping that the dealer will see the costs that are mounting up and decide paying is the lesser of two evils.

 

[Sossigpoker]

Sorry CnG?

Was just wondering if you could apply interest before an MCOL claim.

I know you can claim your Court fee back if you get a CCJ plus 8% interest from the time you issue the claim. I believe the case is held in the County Court nearest the defendant. That'll be a 600 mile round trip for me and I would need an overnight stay. I know I can claim reasonable travelling expenses but will that stretch to overnight accommodation.

I'm hoping that the dealer will see the costs that are mounting up and decide paying is the lesser of two evils.

Sorry, CnG is Claire Davies, a bin end dealer who's always in court. Sorry for confusion

Your Court claim will all be done online /by post so you don't need to attend in person. If the person wishes to mount a defence or issue a counter claim ,.they'd do that online too.

You can apply interest before the claim is made but you do need to write to the dealer and give them e.g 7 or 14 days to pay , and advice them that failure to pay will result in interest being applied and a court proceeding. Then apply the interest from that 8th day (if you gave them 7 days to pay ) if they haven't paid

 

[Calvados]

Thanks, all very helpful.

I'll steer clear of Claire Davies!

 

[MagicMelon]

If its small claims (under £5k) then dont bother. I won under small claims against a builder, the builder never paid and court dont do anything to force him, up to me to pay crazy amounts to a bayliff to try and get the money back (with no guarantee).

 

[ycbm]

If its small claims (under £5k) then dont bother. I won under small claims against a builder, the builder never paid and court dont do anything to force him, up to me to pay crazy amounts to a bayliff to try and get the money back (with no guarantee).

It's s so cheap and easy to take a small claim it's nearly always worth the bother, if only to irritate the debtor. They often pay.

 

[Kaylum]

Also never send a recorded delivery letter as they don't accept them. Instead send a letter in a padded envelope and send it tracked who doesn't love a parcel.

 

[ROMANY 1959]

Send it special delivery. Tracked all way print the label no return address try to out fox them.

 

[Orangehorse]

Also never send a recorded delivery letter as they don't accept them. Instead send a letter in a padded envelope and send it tracked who doesn't love a parcel.

I had a problem with a recorded delivery letter when I was taking a trader to the Small Claims Court. Of course they are not in when the Postman knocks on the door. They are not going to go round to the Collection Office when they probably know what the letter will contain.
I had a letter returned 12 months after it was sent from the Post Office, never collected, never opened.

I got some of my money back.