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Small Claims

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lukey121 | 05:45 Fri 17th Dec 2004 | Business & Finance
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I am owed 2000 pounds from someone. Is going to the small claims court the best way of getting it back? Will it cost me anything?

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Having been in this position before (some time ago)there were some costs which you could not reclaim. Things may be different now. These costs were fairly small however. I was trying to recoup around �120 out of principle. In the end (after several months) as the person involved knew how to play the system I gave up as it would have cost me near enough that amount to get my money back. For the amount you suggest it may be worth pursuing.

Court Fees can be ascertained by clicking here. They are recoverable (always assuming that the person you are claiming against has money, that you win and that even then you can get it out of them, of course !!). Generally speaking no costs of any sort other than the Court Fees are awarded either way in the Small Claims Court, but if you issue against a company and the Court thinks that your case should never have been brought then you are liable for the full amount of the company's legal fees and all other costs. If the case is not defended it will go through quite quickly but you will have to attend Court at lesat 3 times. If defended, before trial it will take not less than 6 months, and frequently more than one year, and require at least a dozen attendances at Court (usually before a different Judge each time !!).

You need to write a letter before action before you start a claim. Often this is enough to concentrate a person�s mind into agreeing a repayment schedule. If you phone your local court they will send you a claim pack with advice on how to word the letter. It will also have the forms you need to start a claim and the scale of charges. Can anyone tell us how much it is to start a claim for �2000? Best of luck, lukey.
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Thanks for all your help guys!!
If you click on the word "here" in my posting above it links to details of fees. The Court Fee to start a claim for �2000 is �120, plus a further �80 for allocation to track later on should the claim be opposed and the matter have to go to trial. Whilst it is recommended, it is not obligatory to issue a "notice before action", and you have to weigh up your opponent and decide whether a "notice" or a surprise issue is the best method to obtain what is due.
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get two of the most butchest looking men ypu know and get them to collect it. even if the men are pussycats!!!!!!!!!!!!!!!!

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