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Small courts claim - letter rejected

4 replies

Elizzzzzz · 13/05/2025 14:49

Hi,

I am currently pursing a sole trader for incomplete / insufficient work to our garden. I am confident we have enough evidence to get some money back. He has stopped engaging with us via text and I have sent him a letter before action, I posted this to the address provided on the invoice.

i just had a call from somebody who sounded suspiciously like him stating it’s not him and he’s going to send the letter back to me. The person refused to give me his details.

my question is - is there much point pursuing this person through small courts claim if it’s true that the address given isn’t correct ? We have an email address and bank details etc for him.

thanks in advance !

OP posts:
Bromptotoo · 13/05/2025 16:42

The question you need to consider is, assuming you win a judgment against them, is what happens next.

Because, if he cannot or will not pay, you're throwing money away in fees.

Elizzzzzz · 13/05/2025 21:20

Thanks @Bromptotoo if I win and he doesn’t pay would there not be legal consequences for him ?

OP posts:
Cerialkiller · 13/05/2025 21:29

We took two different workmen to court. The first we got a ccj against after winning but of course he was t willing to pay. The only way to enact this is to send bailiffs. A the time the only way was to pay a fee to send the bailiffs round but it was no guarantee that they would find they guy and even if they did, no guarantee that they would get any money out of him.

It's somewhat better if it's a large established company but if it's small or a sold trader they can just shut the business or declare bankruptcy.

It's relatively inexpensive to sue so do so if you want that satisfaction but it's no guarantee on money.

Elizzzzzz · 13/05/2025 21:40

Thanks @Cerialkiller im so angry about the whole situation I’m worried that I will get way too invested in the whole process and it will cause me stress. As you say it’s cheap to sue so I may just do that and see if it gets me anywhere….

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