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Advice for taking someone to small claims court


Alloneword

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As long as you have paperwork proving they owe you, and you have been through all the effort of trying to get them to pay, the first thing you must do is send them a letter warning them that they have 7 days from it's receipt to pay up, or face a county court claim. Send the letter by registered post so you can track when it was received.

 If you don't get a reply by the end of business on the last day of the seven days, DO NOT waste any time, file a claim immediately with Money Claim Online, claiming the outstanding money, the court fees, reasonable costs for yourself (postage, phone calls, time spent on it times the minimum wage rate, etc, etc), plus the all important 8% compound interest on the outstanding amount from the day it was originally owed. There are calculators online that will work out the amount of interest for you, and the daily rate it is increasing by.

They then have 14 days I believe (though it may have changed) to either admit the claim or contest it, from the sound of it they have no contest , when they admit it, they will have to cough up, if they fail to answer the court papers, you will win by default.

The court will set a date by which they have to pay the money, if they fail, you can start the procedure to send in the bailiffs, most defaulting companies will pay up when they see this happening, but it will usually happen before.

Unfortunately you will have to pay the fees up front, but these are 100% reclaimable as part of the court action.

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I did it a few years back.

I had to pay £200 to file the complaint with county court.

And another £200 when it went to court.

They were found guilty in their absence and ironically, paid up the next day (including all costs)

They even complained to me by email that they now had a recorded CCJ registered against them even though they paid up... and it would affect their credit rating.

This was a Ltd Business and I later found out you can actually go to the .gov site and fill in a claim there and they have to power to freeze their bank accounts and stop them trading.

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Will do letter went off last week, listing everything and supplying paperwork eveidence including OFGEM ruling (but ofgen seem pants from my experience) but we will see i will not only list the compnay but i will list the FD on it as well and hopefully it should get some movement but donubt it to be honest but i'll keep it updated as i have news.

 

All1

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Well checked the bank today and the money is there £801 plus an extra £30 for extra hassle, so holding on to my £800 for the best part of a year has cost them £105 in total, feels like they should have paid alot more for all the hassle and bullsh1t they have given me but i'm just glad to be free of them, my advice to everyone else is avoid Together Energy at all costs and don't be put off, if someone owes you money keep pushing for it, DJ & Rother many thanks for your help guys. :Thumbs-Up:

 

All1

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  • 2 weeks later...
On 13/08/2019 at 18:05, Alloneword said:

Well checked the bank today and the money is there £801 plus an extra £30 for extra hassle, so holding on to my £800 for the best part of a year has cost them £105 in total, feels like they should have paid alot more for all the hassle and bullsh1t they have given me but i'm just glad to be free of them, my advice to everyone else is avoid Together Energy at all costs and don't be put off, if someone owes you money keep pushing for it, DJ & Rother many thanks for your help guys. :Thumbs-Up:

 

All1

Brilliant news!! 

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  • 1 month later...

Just saw this and glad you got it sorted. I need to jot down all this info lol..I had a problem with an ISP years and years ago and having threaten them with going thru the small courts it went no further and they refunded me with extra. TBH I would have suggested that you go to your local MP to see if they can help or they can refer you where to go.

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Local MP is about as much use as a wet paper bag IMO but having said that i have that thought about all of them my old m8 Guy Fawkes had the right idea... ?

On a serious note they only took notice when i followed this info and the letter before action, i had my funds with an extra £50 for the hassle within 3 days

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/

All1

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On 09/10/2019 at 23:20, Alloneword said:

Local MP is about as much use as a wet paper bag IMO but having said that i have that thought about all of them my old m8 Guy Fawkes had the right idea... ?

On a serious note they only took notice when i followed this info and the letter before action, i had my funds with an extra £50 for the hassle within 3 days

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/

All1

That really depends on your local mp in my opinion, the one I work for right now, does a lot of good work and i see files ? 

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