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do i go to small claims court

8 replies

seriousone · 03/11/2011 10:14

Im hoping someone can help me with this as im not sure if there is a way to get my money back. Basically i lent someone £600 to buy themselves a television on the understanding that they would set up a direct debit into my back acc to pay the money back, various things have happened since then and 18mnths down the line i havenot seen a penny(person also owes me money i paid for a concert)now im wondering how i can go about getting this money back as its more the principle then anything as ive asked and this person tells me ill make arrangements but i never hear anything, is there a chance small claims court would take me seriously or shall i just write this offand learn from it, something i dont really wana do as this person will then do it to someone else i know ive been stupid but i felt sorry for the person at the time, feel free to inbox me and thanx for reading x

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mumblechum1 · 03/11/2011 10:22

I think you should claim, yes. The small claims court is set up for people without solicitors and is pretty user friendly.

I haven't done any litigation for years so this may be out of date, but I think it's form N1 which you can download from the court service website.

You just fill the form in and take it to the court office with a cheque for the issue fee (an up to date fees list will be on the website). They'll issue the claim form and send a copy to the other person. If they ignore it then after 14 days you can enter judgement and if they still don't pay, apply for the money to be taken out of their wages (an attachment of earnings order).

If they deny that the owe the money you 'll have to go to court but it's really not scary, it's just a private room with you, the other person and the judge sitting around a table.

My betting would be that they'll either pay up to avoid having a CCJ or ignore it.

seriousone · 03/11/2011 10:43

thank you for replying its more the principle than anything and the cheek of this person, i will look later on the court website thanks again

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seriousone · 03/11/2011 10:47

also sorry if im being a bit silly is there any other way to get this form, eg can i have it sent to me?as i cant download on my computer thanks

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mumblechum1 · 03/11/2011 12:42

you can get it from your local county court office.

seriousone · 04/11/2011 06:25

BUMP FOR EARLY LURKERS LOL

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seriousone · 05/11/2011 15:57

well said person has now agreed to set up a monthly direct debit, am doubtfull it will be carried out so watch this space

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catsareevil · 05/11/2011 16:09

Can you get them to put something in writing (even email). If you do end up in the small claims court it will make your life easier.

seriousone · 05/11/2011 21:31

they have messaged me this about making regular amounts, now do i just go to the county court offices and ask for a small claim fform,AM COMPLETEY CULELESS

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