County Court Claim

[teag1rl]

Is there a minimum amount that needs to be owed in order to make a county court claim against someone for money they owe you? .

[Ethel]

No - no minimum or maximum amount for debt.

http://www.direct.gov.uk/en/MoneyTaxAndBenefit s/ManagingDebt/CourtClaimsAndBankruptcy/DG_100 23133

What is the nature of your claim?

[teag1rl]

Thanks Etehl.
A 'friend' borrowed �1000, agreement was that he would pay it back when able to do so........anyway, he set up a stading order with his bank to start repayments. I got two. Nothing since. He has stopped answering phone or returning calls so I stopped ringing. I am composing a letter to firmly but politely ask if there is a problem with payment and would he like to discuss alternatives, but given the way he has acted lately, I don't expect a response so i was going to threaten this as being my only choice as a next step at end of letter. Thanks for the link-I will follow advice re. the letter I write. As there was no written contract or agreement I have my doubts of a succesful claim, but I wanted to know my facts before I started......Grrr. I could not do this to someone I guess this guy has no shame whatsoever and i was stupid to lend him the cash......

[teag1rl]

Ethel even-sorry!

[Reverandfunk]

Dunno how you will stand with nothing in writing. He could claim that the 2 repayments were the total amount payable. I had someone do the same to me for �500 a few years ago.

[Ethel]

The small claims' court is suitable for you. You do have some evidence - the standing order payments.

You could argue that nobody would set up a standing order for 2 payments. If he claims there is no proof of the existence of a loan tell him you can prove he set up a standing order in your favour.

How did you give him the money? Cash, cheque, bank transfer?

[teag1rl]

The story gets stupider.....I paid the deposit for a car which was in his name on my credit card.

[Ethel]

Hurrah! There is absolute proof that you provided money to buy goods for this friend. You can get a copy of the relevant credit card statement that will show the date and the amount.

This of course does not prove that it was not a gift, but the subsequent standing order will help support your claim that it was meant to be paid back.

Good luck.

[Reverandfunk]

Some proof but still your word against his.

She bought me the car because I lent her some money/tiled her bathroom etc etc

[teag1rl]

Thanks both for your comments.
I appreciate it's my word against his, we shall have to see what happens.....

[Reverandfunk]

what I did was arrange a "visit"

worked wonders

[Miss Zippy]

There's a presumption in law that friends and family do not intend to create legal relations when they enter into these kind of "arrangements". This presumption can be rebutted (the onus being on you to rebut) if you have evidence to the contrary such as a written agreement (it doesn't have to be a formal document, just a handwritten letter setting out the agreement will suffice). Furthermore, for an agreement to be a legally binding contract, you must be able to demonstrate certainty of terms eg, that you agreed between you how the loan would be repaid. From my experience, I have to say that I think you have little chance of success based on the facts you have stated. However, as the Court fee is only �75 and you potentially (though remotely in my view) stand to gain �800, you might think it worth the gamble. You should write what is known as a "letter before action" to your proposed defendant before you issue court proceedings. The letter must set out in detail the facts upon which you are relying and the basis of your claim (ie, you would be claiming breach of contract, if you can indeed prove you have a contract) and stating clearly that if you do not receive proposals for settlement of the debt within 14 days that you will issue a claim in the small claims track at [name of town/city] County Court.

[Miss Zippy]

Forgot to mention, send the letter before action by recorded post. The reason for sending such a letter is to demonstrate to the Court that you have given the defendant the opportunity to remedy their default and notified them of your intention to issue proceedings.

[teag1rl]

Thanks Miss Zippy, that's exactly what I intend to do. If I don't succeed I have a back up plan but want to try and do things nicely....