anyone with experience of getting money owed from small claims court

[BlardyBlaaaaa]

Hi there

I have tried, and failed to get my previous employer to pay the last three invoices he owes me. These are for work done in September, November and December last year. He is a one man band, and I worked in a freelance basis, based in his home office.

Initially I chased the payment via email and he kept promising to pay, but didn't. I said I wouldn't return to work after Xmas unless he paid them, and he didn't so I stuck to my guns and haven't gone back. He is obviously furious about this (saying I left him in the lurch etc), and he's a tricky customer who I know has taken other people to court successfully and knows all the tricks of the trade.

I then waited a few more weeks and kept chasing via email. No response, so I went to the citizen's advice bureau who advised me to send him a formal letter with copies of the invoices attached, giving him a week to reply or else threatening legal action. 2 days after this deadline he replied saying he would pay me back a tiny amount weekly until the debt was repaid. I was livid by this point, and started proceedings to take him to court. I have never done this before and had hoped it wouldn't come to this, and that he would do the honourable thing. No such luck.

So, I have had paperwork through from the court saying that he is contesting my claim in full! His defence is pathetic i,e, that he was ill after Christmas, i didn't give him long enough to reply to my final letter, and lastly that I have made my claim against him personally, and not the company. I have also been sent information about using a mediation service to resolve the problem before it gets to court.

I don't know what to do! I don't really want to see this man ever again (and if it goes to court I guess I will have to), but he owes me about £1500, which I'm not prepared to chalk down to experience. I know he will be excellent at defending himself in court (he is very eloquent and has a good line in bs) but the basic facts are that he employed me to do a job which I did and he hasn't paid me. It seems black and white to me, and hopefully to the judge too?

sorry, waffled on long enough. Can anyone advise me? Thanks!

Did SCC years ago and these were the lo hi-lights:

• you make claim to your local court. He can then elect to have the hearing in his local court - could be blooming miles away.

• the court recognises paperwork as having been 'served' 2 or 3 days after posting. This applies even if the dated letter was binned and not even posted. Ludicrous but true. They just have to SAY they posted it. Eventually this back-fired for them fortunately.

• both sides in our cases hired barristers !!! (not so cheap) Absurd, I know.

• barristers did a quick and dirty settlement in the SCC waiting room - we never saw the judge.

• in certain circumstances you might have to contribute to his costs if you lose. However, if you make an 'Offer to Settle' that is rejected and is then less than judge decides FOR you, then it increases the liklihood of his having to pay your costs. BTW, I would make it clear that if he refuses your Offer to Settle then you will hold him liable for all your costs.

• 'Expert Witness Statements' - very worthwhile. Taken very seriously.

• I learnt to my cost that 150 quid on a solicitor would have been a very good investment at the outset. It turned out that I was suing the wrong person (from a purely legal standpoint)!

• Oh yes, this 1p a week for 50 years is a standard scumbag offer

• writing 'without prejudice' anywhere on a document means that the opposition cannot use it in court against you

• in any legal dispute (and this is a nasty trick that councils use against the unwary) if you agree to pay a little bit (even 1p) of a disputed amount, you are then fucked fully liable for the entire amount - no court will help you.

• telephone call recordings. If you tell him you are recording the call, it can be admitted as evidence. Hence why all these scumbag companies say "your call might be recorded for x,y,z lie reason". However, if you haven't made the caution, the recording can be admitted as 'heresay' (not evidence). Still useful.

First step - solicitor

Blimey. I feel like I'm in over my head already! Thanks wistful. Was yours a similar case i.e. Disputing an unpaid invoice. Was it for a much larger amount than mine?

2.5k if I remember correctly.

Actually, I would encourage you to go-for-it.

Your described issue is EXACTLY what the SCC is for.

Get you initial direction from a solicitor and then do the rest yourself.

If you have proof (emails are excellent and v commonly used nowadays) then you should be fine.

Great, thank you. That's really helpful. Anyone else?

I don't have any experience but I would check that out this bit of his defence:

I have made my claim against him personally, and not the company

When you invoiced him normally who did you address it to? And who did the payments come from - him or a company? If you get this wrong you may have to start all over.

Stick with it. Is he denying the sum is due? Doesn't sound like it. His defence is not a defence it's an excuse. Anyway it's a double edged sword, if he says it's his company and he can only afford a tiny amount per week then the court could call in administrators as it shouldn't be trading. Scots law here but should be pretty similar.

I am guessing that one of the things that the solicitor will want to see will be the 'governing Terms & Conditions'.

I assume that you have some sort of contract that specifies, amongst other things Payment Terms. He, I am sure, will also have his own T&C's.

The 'governing Terms & Conditions' are the ones that were applied to the final contract. It doesn't matter that you sent him your T&C's, what matters is whose T&C's were applied LAST (hence 'wars of the T&C's')

e.g. you may have sent him your offer with attached T&C's. If he made some minor adjustment, say 20 mins for lunch and not 30 mins and attached HIS T&C's, then his T&C's are the 'governing T&C's'.

This could make a big difference.

Please don't skip seeing the solicitor (as I did). It would be awful to lose over some scumbag trick. Particularly after all the emotional investment that you will inevitably make in the (very interesting) process.

Finally - please come back to this thread and update us on what happens eventually. I know that I will be fascinated to hear how it goes for you.

You can add interest to the money owed to you (there's a specific calculation to work out the daily rate)

Well. The thing is we never had a written contract. It sounds ridiculous thinking about it now, but it was always very casual. Not sure if that makes my case weaker or stronger. I have never seen any terms & conditions, or provided my own. This was my first job after a lengthy break bringing up my children, and I was just to relieved to find something.

I have ticked the 'add interest' box. The money I'm owed goes back a long time now.....

Not a lawyer, but have experience of Small Claims Courts (two cases, not straightforward, both won).

The Small Claims Court (or track) is designed to allow people to represent themselves if they want to. Judges should see through any smooth talking and seek to establish the facts and apply the law. There is also some flexibility in terms of minor errors. Unfortunately the system, in my opinion, is somewhat archaic and disorganised (I've had documents lost, incorrect documents sent out etc etc). Court administrators are also very reluctant to give out information (beyond the basics) because they are not legally qualified.

With regards to your pre action letter, it is usual to allow 28 days for a full response, although there are different pre action protocols depending on basis of claim/industry.

A few questions. Is the defendent a sole trader and did you use his business address? Prior to September 2014, had you submitted invoices which he had paid, and if so, roughly how long did it take him to pay? (I don't think it matters terribly that you didn't have a written contract - clearly you had an arrangement to provide chargeable services to him.) In his defence, did he dispute the amount owed?

defendant, even