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Taking soemone to small claims court, do i need to write them another letter informing them?

(11 Posts)
Saltire Wed 31-Aug-11 13:18:15

I've already written one letter, giving them until today to pay the outstanding money owed otherwise I will take legal action. i also told them that if they pay by today (and yes, I know the day isn't over yet, i'm covering all bases)then I will enforce the late payment fee, backdated to the date of the letter (this alone currently stands at over £100).

So, assuming hat they don't apy today, do I need to now notify them that I intend to take them to small claims court and if so, is 7 days enoughn notice or does it have to be more - they have already had2 letters and payment should ahve been made on 31st July

mumblechum1 Wed 31-Aug-11 14:04:25

The standard is a seven day warning letter, so as long as you've told them exactly what you'll be claiming for,(eg if you're claiming interest, you need to say so. The standard rate is set out in section 69 of the county courts act 1984.), then you have done what you need to.

pippala Wed 31-Aug-11 15:29:54

Hi Saltire,
I am also in the same boat!
Owed money since 25th June. I sent one invoice which was ignored. 2nd one sent begining of July recorded delivery, ignored. Sent 3rd letter last week recorded delivery giving them 28days to pay. Which I read on the small claims website.
Just a thought but if I do indeed take them to court can I add interest on to what is owed?

Saltire Wed 31-Aug-11 16:10:40

I don't know about that. i was told by a solicitor that I wouldn't be able to claim for any expense I might incur if i got him involved.

prh47bridge Wed 31-Aug-11 18:42:28

You cannot claim legal costs. You can claim the court costs and interest at the standard rate.

SarahBumBarer Thu 01-Sep-11 12:29:47

Hi Saltaire - it is the holiday season. Is it possible that they have been away/busy for the last month?

You don't have to send them another letter but you do seem to have got to the court stage relatively quickly. The Court can look at reasonableness etc in deciding whether to award court costs and if it looks like you have rushed into a legal process that might affect their decision on that point.

When did you last write to them and how long did you give them to respond - was that reasonable? Have you heard nothing at all from them since? If not I would probably send one further "letter before action" stating that you have heard nothing from them and accordingly will have to take action and will do so if no response is received within [a reasonable period]. Depending upon what has occurred previously (ie how long you have given them to respond previously and whether you have heard something or nothing back from them) I would be inclined to make that period between 14-21 days just to make myself look reasonable to the court. That is my opinion not what is right or wrong.

fivegomadindorset Thu 01-Sep-11 12:33:52

We put in a claim this week. We sent a letter giving them 28 days to pay. Have done claim on line and will be seninding copies of receipts etc and a ltter which they must receive withing 14 days of claim.

Saltire Thu 01-Sep-11 15:16:16

Thanks everyone
Sarah. the first letter was written on 13th July. They never acknowledged it, even though it was sent recorded delivery and they signed for it.It gave them till 31st July to pay the oustanding amount.

No respnse. A second letter (recorded again) was sent on 20th August, saying that I have given them time to respond, they have made no attempt whatsoever, to get in touch with me.never rang, etc. They live on the same street as me.That gave them until yesterday to pay the outstanding amount. In it I clearly said that I was wishing for them to get in touch to discuss it. I also said that, if they paid the outstanding amount before yesterday i would waiver the late payment fee which, under the terms of my contract, (signed by both of them)I am entitled to charge them.

They signed for this letter too.

They haven't been away, as she works where we live and DH sees her every day going to work (yes I mean every day) she crosses the road to avoid him. I see her and her DH going up and down the street in uniform going to work

I feel I have been more than reasonable and given them ample opportunity to pay or get in touch. They ahve broken their contract on 3 seperate counts, and I feel that taking them to court is the only option left

I took advice from CAB and a solicitor both of whome told me that I had done everything reasonable to try and recoverthe money and discuss it with them, and that I should now start court proceedings

SarahBumBarer Thu 01-Sep-11 20:43:40

Fair enough. In that situation, I wouldn't bother to write a third letter, no.

Saltire Sat 03-Sep-11 14:48:33

I sent them a letter giving them 7 days notice of my intention to take them to court

SarahBumBarer Sat 03-Sep-11 15:52:40

Very fair - then just do it because the next thing is they will say you are harassing them! Good luck.

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