Small Claims Court

[ojread22]

I booked a wedding disco in Feb 2009 and later canceled by telephone leaving a message on the answering machine. Thought nothing more of it, got rid of any paperwork relating to it and lost my £50 deposit paid by cheque - can trace cheque

The dj called me 3 days before the wedding was supposed to have happened to sort through details and was surprised to hear I had canceled but asked me to pay. I decided against it (bad move!) and this morning I received the claim he has made against me.

Without proof I cannot prove he has increased the amount we agreed to by £50 (from £150 to £200).

I did cancel, and I believe he has just chosen to ignore my request to do so. What is the worst case scenario if I decide NOT to pay?

[RATTER15]

You will do time in prison if the case is proven, and you still refuse to pay. When you are released you will still have to pay it.

[redcrx]

wost case scenario: You lose the case, CCJ, you dont pay, further costs are added, all goes down on your credit file as unpaid debts, you cant get credit anywhere, mortgages and loans difficult to get etc etc etc

has it increased because the charges have added to it?

[Barmaid]

Worst case scenario is that you will be ordered to pay the £200 plus 6% interest, plus fixed costs (which will be the costs of issue at about £30 plus fixed solicitors' costs - if he used one at between £50 and £80). There will also be a hearing fee of £75. Plus you may be ordered to pay witness expenses for the costs of any witnesses attending court, including loss of earnings of up to £50.

[ummmm]

I don't think she'll go to prison for that :-)

If they judge in his favour you'll be ordered to pay the debt. Depending on your personal circumstances you could offer to pay it monthly.

If you don't pay...they could get the bailiffs out to you.

I was watching something on rogue traders. A couple took a builder to small claims, he was ordered to pay. Made a few payments and then stopped. They got the bailiffs out...didn't catch up with him though and he was still trading.

[chrissa1]

If I were you I'd fight it. If you have the proof that you lost your deposit because you cancelled, (that's what deposits are for) then why should you pay for something which in all good faith you had cancelled.
With hindsight it would have been better if you had cancelled it in writing at the time too but I would have my day in court. Represent yourself and the worst case scenario would be that you have to pay him anyway + his court costs which you are being asked for now as he has instigated these proceedings and this has cost him the extra £50.00. You may win but if you don't turn up then things will take their course.... bailiffs etc.

[RATTER15]

Capitol punishment!!!!

[chrissa1]

One CCJ doth not a ban on credit make redcrx. You can still pay it within one month and it is marked as "Satisfied".

[redcrx]

"What is the worst case scenario if I decide NOT to pay? "

I am assuming the OP means she will never pay it

[ojread22]

prison? LOL very good joke
Bailiffs? They will have no right on entry into my house for this kind of debt
CCJ?

It was just a 'what if' really. I am annoyed he has increased the price by £50. and no, it wasn't because of fees, they were £25

Chrissa, I thought about doing that. But, I have no proof I did cancel, it was a phone call. I do have the cheque number as proof that I paid the deposit which can be traced, of course
I have filled out some of the form (in pencil) as I think I'm going to go with the 'I dispute the amount but agree I owe him something' route. And have offered £5 pm

I'd rather not have a CCJ against me for the sake of £200

Thanks folks, except ratter ;-), for your replies

[ojread22]

redcrx, no I didn't mean I wasn't ever going to pay, just a what if

[ummmm]

Bailiffs can't force entry over any debt. They will charge you a lot of money for knocking on your door though.

[ojread22]

ummm, that is not completely true
revenue and customs baliffs can force entry

[ummmm]

Yeah...but they won't be sending revenue and customs bailiffs out to you over £200 owed to disco man.

[ojread22]

lol, of course not I was just pointing out that what you said wasn't strictly true

[joko]

not proof exactly but your phone records will indicate you rang him on the day you claim...

he may actually not have got the message you see and be angry that you have messed him around...

[chrissa1]

I think you're doing the right thing oj although the point about your phone records is a good one. Do you want to go to all the hassle though? Maybe not. All the best.

[ojread22]

thank you - generally we throw bills out after they have been paid but I'm pretty certain they will appear on line as well. I'll trail through

I have the paper work signed and ready to post this morning so it will get paid but I AM disputing the amount.

[kinell]

unless you had a contract with the disco to give notice of cancellation some fixed time previous to the booked date...then you cancelled when you were called three days before the event and as you had given a deposit which was retained then that should be that...

if his view is that cancellation three days before is unreasonable even if ignoring earlier cancellation by phone message he is partly to blame and should have asked for ..say..payment in full 4 weeks before the event