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Experience of small claims court please in UK

16 replies

Notbaconforbreakfast · 28/01/2024 12:31

Dd is owed £150 for a job she did. The guy owing has mentioned he owes her several times in (saved) messages and promised several times to pay up.

It looks like £35 to take it to the small claims court. I'm not sure if there would be more costs on top, or even if she's successful depending on his financial situation she still might not get it as it wouldn't be followed up would it? Would we then have to go down the bailiff route?

Any advise would be greatly appreciated xx

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Muffinmanfromdrurylane · 28/01/2024 12:33

We took a builder to small claims last year and it was pointless. We won but never got the money as it took so long and by the time the bailiffs turned up to seize money or goods, they had got rid of anything of value. Presumably put things like cars and vans in family names. I wouldn't bother for £150 as it will cost more to appoint bailiffs and you're still not guaranteed your money.

Greensleevevssnotnose · 28/01/2024 12:34

I wouldn't bother for such a small amount. Send the debtor a letter before action and if they don't pay I would forget about it. Next time get payment upfront.

Notbaconforbreakfast · 28/01/2024 13:50

Thanks for your replies. If you win your case and still don't get your money surely the debtor will get his credit rating trashed? It might be worth it just for the ccj.

Sorry to hear of your experience muffinman that was obviously a substantial* *amount x

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Lovemusic82 · 28/01/2024 13:52

I wouldn’t bother. I took someone to small claims for £400 faulty item I was sold. I won my case but never got the money back as the person in question kept changing his address and bailiff‘s wanted a payment from me for each attempt to collect the money.

ragdoll12345 · 28/01/2024 13:58

Hi it can be a case of throwing good money after bad, but it depends on the financial situation of person you are suing. Would having a CCJ matter to them
Each type of enforcement costs extra which is added to the original debt. Is the person employed as you can have instalments taken from their pay, but this doesn't work if they are self employed or work cash in hand.

Bromptotoo · 28/01/2024 14:00

Agree with others. Given we're talking about a relatively small sum then I think the risk of failure where your DD is simply racking up more losses in court fees game not worth candle.

If he has a pristine credit record now then for sure a CCJ would trash it. OTOH if he's already got a few then one more won't make a ha'porth of difference.

Might be worth threatening it and going as far a letter before action though.

Notbaconforbreakfast · 28/01/2024 14:26

Thanks all. Can I find out what his credit rating is?

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Carnerloyle · 28/01/2024 14:29

I went, I won, I never got any money.

CandyLeBonBon · 28/01/2024 14:32

I went to court for a substantial sum. Won but took me 2 years and further £2000 to get a part settlement so I was about £1500 out of pocket).

It was worth it but only because it was nearly £10k

Bromptotoo · 28/01/2024 14:42

Notbaconforbreakfast · 28/01/2024 14:26

Thanks all. Can I find out what his credit rating is?

I don't think finding that is straightforward but you can search the register of county court judgements:

https://www.experian.co.uk/consumer/guides/ccjs.html#:

MumEra · 28/01/2024 17:11

Can you warn him your going to do it and see if that puts a rocket up his arse to pay up? Remind him if you win and he doesn't pay his credit score will be in the toilet.

I took someone to small claims over a small amount once, £500. I won but they never paid so I thought it was a waste. However several years later they contacted me saying they had just tried to get a mortgage and realised how shot their credit rating was and if they settled the debt could I contact them and let them know. I did so but I highly doubt his credit score was just repaired there and then so he was likely still screwed! But I got my money eventually and they do say revenge is best served cold Grin

Greensleevevssnotnose · 30/01/2024 08:53

You can use a system like red flag to check company credit not sure about individuals

Deathbyfluffy · 30/01/2024 08:55

Greensleevevssnotnose · 30/01/2024 08:53

You can use a system like red flag to check company credit not sure about individuals

You can’t credit check another individual

Notbaconforbreakfast · 31/01/2024 11:44

Thanks all for your replies. DD has sent him a message giving him until end of Feb to pay otherwise we'll proceed to small claims.

She just got the thumbs up 👍. Whatever that means!

Mumera love your story!

I'm so glad I posted here. Mumsnetters are great! Thanks all xx

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Random30 · 31/01/2024 11:45

it a few years ago, but I went /won/got my money within a couple of days!

Notbaconforbreakfast · 04/02/2024 07:41

That's encouraging Random thank you

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