Is the small claims court ever successful?

[cushioncovers]

Just that really, someone owes me nearly £400 and just won't pay it back. I lent it to them in good faith with the understanding it would be paid back the following month. They've now ghosted me in the hope I will shut up and forget about it I think. Our conversations about the loan and bank transactions are available to see and track. So I'm Just wondering if it's worth trying to get it back via the small claims court ? Has anyone had any success doing this ? Thanks.

In my experience, the system is flawed. I'm the claimant and my case has been going on for over a year. The defendants have delayed things numerous times, not followed court orders, and so on. I've followed each order to the tee yet have been left feeling like I'm the one hounding these poor innocent, vulnerable people. They owe me fair and square (around 10x what you're owed). It's shocking really.
I'm not sure I'd bother for £400 to be honest. Do you have solid proof you can rely on?

Hi thanks for replying. Sorry to hear you're having such a lot of trouble.

In regards to my case I have clear bank transactions that show the money I have loaned them and I have WhatsApp conversations where they acknowledge the loans and promise to pay it all back within a certain time scale. I'm not sure if that's enough evidence. It was several smaller amounts that totalled nearly £400 over a few weeks, it wasn't one lump sum. Not sure if that makes any difference (?)

I just feel so upset that I've been basically conned out of this money whilst trying help someone out because they kept asking me for help. I can survive financially without getting the money back but I'm having trouble getting past it emotionally as it's just not something I would ever do to someone else.

Bumping

I have taken someone to the small claims court for a similar amount (£600) and was successful. Go for it!

Even if you win, it doesn't mean you will get your money back. If they refuse to pay they cannot be forced and will just end up with a CCJ on their file.

Thanks

I did it and got £8,000 from a client that wouldn't pay me. The client used invoice financing though, where a bank advanced them the value of their sales invoices each month, so a CCJ would have brought their cash flow to a halt. I would give it a go, most people wouldn't want a CCJ since it would ruin their credit score. Hope you manage to get the money out of them.

Even if you win, it doesn't mean you will get your money back. If they refuse to pay they cannot be forced and will just end up with a CCJ on their file.

Ok thanks that interesting to know

I did it once for £2k and they coughed up before it got to court.

The threat of a CCJ is sometimes enough

What assets do they have? If they own their own flat you've got a fair chance of getting your money (via a "charging order"). Even if they don't but would like to protect their credit rating you're in with a chance. If they don't give a shit then you'd be throwing good money (and energy) after bad.

By the way, I can almost certainly answer my own question.

The sort of people who ask to borrow £400 from "friends" do so because they can't borrow from a bank. They can't borrow from a bank (who make money from lending) because the banks don't think they'll be paid back. And if the banks don't think that they'll get paid back, even with their well-established enforcement teams, then you have got no chance!

Let it go and don't lend people money again (based on the above logic).

A good point about what assets they have or are they working. If you do get a judgement and they refuse to pay you can escalate to the high court and they are very good at recovering the debt, that is what I had to do.

Yes,done this twice both times successful.The first one went to court the second much bigger amount settled day before court in cash.Go for it.Good luck

This person is employed but rents their home.

We've used it once successfully.

It was easy and worth the money.

Thanks for everyone's advice

If they get a CCJ and don't pay it and are employed you can apply for an Attachment of Earnings Order.

Thank you that's useful to know.