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Small claims


walshie
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I recently used Moneyclaim to try to get £1500 owed to me for over a year. It cost me £70 which is added to the amount claimed. I have a feeling he will pay this before the judgment is made against him.

Does this mean I am stuck with the £70 bill or can I get him to pay that too? :hmm:

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Moneyclaim Is not an independant legal / solicitor service or advisory service from whom you sought advice and which would not be claimable. It is an integral part of HM Courts and Advisory Service and the £70 is a cost incurred to them for submitting your claim. IMHO it is, therefore, a court cost and claimable and payable by the losing party. On the first page of the claim form where you give a summary of your case and amounts claimed put it down as court costs.

Good luck. Been there. Got the scars. But we won and it was worth it.

Edited by Bobba
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One of the key things to establish when claiming is whether the debtor has anything to pay any claim awarded.

I was owed some money a few years ago and the debtor said they couldn't pay.  When I also discovered that both the Inland Revenue and the bank were owed money (along with various businesses) and there were no significant assets, the advice to me from my solicitor was that I was 'well down the queue' and I would probably get nothing, so I let it go.  It wasn't nice to have to say goodbye to the money, but if someone has extensive debts and particularly if they owe money to the Inland Revenue, private creditors are unlikely to get anything back.

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On 01/07/2018 at 12:45, JohnfromUK said:

One of the key things to establish when claiming is whether the debtor has anything to pay any claim awarded.

I was owed some money a few years ago and the debtor said they couldn't pay.  When I also discovered that both the Inland Revenue and the bank were owed money (along with various businesses) and there were no significant assets, the advice to me from my solicitor was that I was 'well down the queue' and I would probably get nothing, so I let it go.  It wasn't nice to have to say goodbye to the money, but if someone has extensive debts and particularly if they owe money to the Inland Revenue, private creditors are unlikely to get anything back.

Yep, correct. Been there.

If your way down in the pecking order your stuffed.

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Owed £40-50,000 then with costs etc it cost us £80,000. It took 15 years for us to clear that debt thanks to 3 builders over 3 years.

only the one was genuine, one trading as a bankrupt and another didn’t pay any contractors and went for £2.1m

self employed is great :/ .

weve changed our way of business ever since because of idiots.

 

fellow company’s we know went for £110k and 80k . It finished them 

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I could write a book on this and the building game is the worst (well that and the rag trade).

We see more people in the construction industry vetting who they give credit to and taking PG’s off limited company directors - indeed if a director refuses a PG it tells you he’s not prepared to put his neck on the block next to yours. 

 

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