Not quite a match for your circumstances, but I’ve twice proceeded against people.
- A company that employed my services as a contractor. They planned a further six week period with me, possibly more, then totally changed their plans and cancelled at the last minute. I’d been turning down other work because of their ‘commitment’. I made it clear to them that they’d caused me financial loss. They cut up rough and told me to go immediately. Subsequently they failed to pay my final billing for four weeks work. (billed every four weeks, and they always paid really late)
After many weeks of trying to make them see sense, I opened a case with Small Claims. They failed to see that my signed timesheets etc proved my case for payment. I could not however claim for their poor behaviour in cancelling.
A few days before the hearing I received a threatening letter from their lawyers saying they’d not pay and what’s more, they’d counterclaim for my ‘frivolous action’. I toughed it out and on the day they turned up with an entourage of men in suits. Worrying, and also crazy.
The judge allowed only one person in from their group. Almost instantly the judge declared the money owed to me, and then totted up extra costs for me, such as travel costs that day, interest on the money owed etc. I was impressed!
- An insurance company that refused to pay a valid claim. My stationary car was written off by a Saga Insurance customer. My insurance company, Aviva, did absolutely nothing to assist me with the claim. (stupidly I was a loyal customer for many years)
The facts were recorded in great detail in emails. Their customer admitted falling asleep at the wheel. They refused to pay c. £1,000 to replace my rather old car, plus some small associated costs. An aggressive Loss Adjuster had offered £300 on the basis they had paid for a tiny hire car for two weeks (whilst refusing to settle) which achieved nothing of course.
From research I found I should claim against the policyholder, NOT Saga, so I did…
History repeated itself: a few days before the hearing I received a threatening letter from them saying they’d not pay and what’s more, they’d counterclaim for my ‘frivolous action’. I toughed it out again, and on the day they didn’t even turn up at the court. Unbelievable. The judge was quite angry with them as we started late.
I was awarded close to £2,000 in the end as the helpful judge calculated that we’d lost out by being without a car for so long. He even added my return train ticket for that day.
So yes, relatively easy to do, although it can be stressful, and over the years I’ve had to give up on smaller matters. Only you can tell the merit of your case, versus the cost.
Also, assess the court costs as a possible loss if you lose. For me the court costs were paid as well of course.
So, make sure you are acting against the correct party, and that you have a provable case. Expenses and interest can be added, so think carefully about connected costs. Good luck!