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Thread: Small claims court experience - advice now needed

  1. #1

    Small claims court experience - advice now needed

    Ok
    I took an ex to court today for a debt of £150 plus some items she had agreed to give me back but hadn't

    The court ruled in my favour
    £150 plus £50 costs plus she gave me the items back there and then

    She will now for sure say she can't afford to pay it
    She will lie on her form stating what she spends etc

    Do I have an option to challenge it?

    I advised the judge I was happy with 2x £100 payments
    She's going to try 10 x £20

    It's a sham really

    What can I do? Or is it nod out of my hands? Until and defaults - then I send in the bailiffs

    Also - will she now have a CCJ on her records thus ruining her credit history?

  2. #2
    Master
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    £150?

    Is it really worth it?

  3. #3

    Yes

    Yes it was
    I get my £150 plus £50 costs

    Why wouldn't it be worth it?

    Too many people are out there trying to rip people off
    If I hadn't have taken her to court I would not have got anything
    Neither would I have got my goods back which were worth in excess of another £100

    The clue is "small claims"

    If you feel like lending me £150 I'd accept... Clearly
    Last edited by Sweepinghand; 30th June 2015 at 16:37. Reason: Add

  4. #4
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    Quote Originally Posted by Sweepinghand View Post
    Ok
    I took an ex to court today for a debt of £150 plus some items she had agreed to give me back but hadn't

    The court ruled in my favour
    £150 plus £50 costs plus she gave me the items back there and then

    She will now for sure say she can't afford to pay it
    She will lie on her form stating what she spends etc

    Do I have an option to challenge it?

    I advised the judge I was happy with 2x £100 payments
    She's going to try 10 x £20

    It's a sham really

    What can I do? Or is it nod out of my hands? Until and defaults - then I send in the bailiffs

    Also - will she now have a CCJ on her records thus ruining her credit history?
    I don't believe that Small Claims court equates to CCJ, but could be wrong.

    But yes, total sham. Husband of one of my sister in-laws owes me almost a grand, but it's easier just to write it off and cut him out than chase him through the courts because I know the slimy little sod would pay me back at 2p a month even if I could get him in court in the first place.

  5. #5
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    small claims is simply a track within the county court. A judgment is therefore a CCJ

  6. #6
    Quote Originally Posted by Josh B View Post
    small claims is simply a track within the county court. A judgment is therefore a CCJ
    So she now has a CCJ against her - right?

  7. #7
    If she doesn't pay then she will have a ccj registered against her. You can then attempt to enforce the debt via bailiffs. It's up to you but I wouldn't bother because:

    1. You've got your stuff back
    2. It's a small amount
    3. In all likelyhood, the bailiffs will return empty handed citing 'insufficient goods', so you'll be a bailiffs fee down into the bargain.
    4. Life's way too short

  8. #8

    The best thing

    The best thing did - much to her own self harm was pay her by bank transfer
    I had issued the word Loan as the reference on it

    Another woman owes me £250 from a £1000 loan but unless she admits borrowing it I have no clear proof

    Anyway - Larson learned

    I hope the £150 plus costs gets paid and I hope that her already poo credit score is now shot to bits

  9. #9
    Master DMC102's Avatar
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    Although dealt with on the Small Claims Track, this was still a County Court claim, and the Judgment is a County Court Judgment.

    The Court will decide whether any offer to settle by instalments is reasonable, and usually a statement of income and expenses has to be produced to justify any such offer. You will be able to say whether you accept the instalment amount, want a higher instalment amount, or want the Court to order immediate payment in full, but the Court has the final say.

    You will have various options open to you to enforce the Judgment if the instalments or the full sum aren't paid, including an Attachment of Earnings Order, or instruction of bailiffs, but you risk incurring disproportionate costs and hassle.

  10. #10
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    I didnt mean is it worth is financially, I meant is it not just worth cutting your losses?

    I bought my ex a £6k Rolex about a week before we split up, and £££ before that - d'oh! A bitter pill to swallow, but I realised it was psychologically easier to just put it entirely out of my mind and move on. Plus, I am not the sort to chase after such things, maybe you are - some of us are and that's fine, but I just put it down to life.

  11. #11

    Ach5

    You bought them as gifts
    Been the redone that
    This was a loan
    That's the diff

    I've learned my lesson

    Just sick of folk taking the mick

  12. #12
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    Fair enough, good luck with it matey... was only trying to offer some experience that in life, these things are often best just left.

  13. #13
    Quote Originally Posted by ach5 View Post
    I bought my ex a £6k Rolex about a week before we split up
    And she didn't give it back? That's cold.

  14. #14
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    Avoid unless your prepared to be in court and deal with all that, I would expect you will pay out more in time and effort and stress. Good luck but been there.
    Last edited by Naesuk; 30th June 2015 at 17:20.

  15. #15
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    Quote Originally Posted by bitfield View Post
    And she didn't give it back? That's cold.
    I never asked because I bought it for her in good faith, and she never offered (despite being on friendly terms for a while afterwards).

    Women, eh?! Like magpies. She wasnt even into watches. Or jewellry, especially.

  16. #16
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    Quote Originally Posted by bitfield View Post
    And she didn't give it back? That's cold.
    Who said it was a she?

  17. #17
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    Quote Originally Posted by seadog1408 View Post
    Who said it was a she?
    shut it! (though politically very correct. It was indeed a "she", as far as I am aware)

  18. #18
    Grand Master Foxy100's Avatar
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    Quote Originally Posted by ach5 View Post
    shut it! (though politically very correct. It was indeed a "she", as far as I am aware)
    You bought 'her' a £6k Rolex and didn't get past third base?

  19. #19
    Quote Originally Posted by ach5 View Post
    I never asked because I bought it for her in good faith, and she never offered (despite being on friendly terms for a while afterwards).
    Well, none of my business I know, but blimey.

    I once had a conversation like this:

    HER: Now that we've broken up, I'm going to give you back the Rolex you gave me as a Christmas present. I know you'll say I should keep it, but really, it's too valuable. It wouldn't be right for me to keep it, even though I know you want me to.

    ME: I didn't tell you to keep it.

  20. #20
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    Quote Originally Posted by Sweepinghand View Post
    Ok
    I took an ex to court today for a debt of £150 plus some items she had agreed to give me back but hadn't

    The court ruled in my favour
    £150 plus £50 costs plus she gave me the items back there and then

    She will now for sure say she can't afford to pay it
    She will lie on her form stating what she spends etc

    Do I have an option to challenge it?

    I advised the judge I was happy with 2x £100 payments
    She's going to try 10 x £20

    It's a sham really

    What can I do? Or is it nod out of my hands? Until and defaults - then I send in the bailiffs

    Also - will she now have a CCJ on her records thus ruining her credit history?
    I would simply go round there and demand an iPhone 5s to sell on SC, then promptly Poo through her Letterbox,


    Poo through her Letterbox
    Poo through her Letterbox
    Poo through her Letterbox
    Poo through her Letterbox
    Poo through her Letterbox
    Poo through her Letterbox
    Poo through her Letterbox

  21. #21
    As long as I got my stuff back I would have let the rest go. I've never asked any Ex for anything to be paid back loan, or use of shared stuff - it's much easier to walk away, and for the amount - I'd pay that not to deal with the hassle in the first place.
    It's just a matter of time...

  22. #22
    Quote Originally Posted by Omegamanic View Post
    As long as I got my stuff back I would have let the rest go. I've never asked any Ex for anything to be paid back loan, or use of shared stuff - it's much easier to walk away, and for the amount - I'd pay that not to deal with the hassle in the first place.
    Maybe what's important is the CCJ.

  23. #23
    Quote Originally Posted by Sweepinghand View Post
    So she now has a CCJ against her - right?
    if she does not pay the full amount within a month of the judgement then she will have a CCJ registered on her credit file that will remain there for 6yrs.
    if she still does not pay then you will have to enforce the debt, bailiffs being the most common form of enforcement, you would have to apply to the court for a 'warrant of control' to appoint a bailiff. the cost is £70 (if you raised the claim online via MCOL) and you have to pay this up front. you can add this to the total debt, but if she is not paying £150 then what are the chances she will pay the increased sum as well.

    In a lot of cases bailiffs are not very effective, they cant force entry into a home, so if she does not let them in and she has no vehicle outside then there is nothing for them to take

  24. #24
    Craftsman Harry's Avatar
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    Geez. Some of you guys make life hard for yourself.

    As has been said, is a £150 debt due from an ex really worth it? I'm talking about the emotional toll involved in getting it.

    As an accountant I've seen too many people destroy any humanity they have in themselves by fighting over petty matters in a divorce.

    I observed and learned. When my first wife and I parted 15 years ago I just gave her the house and everything in it, and walked away. It took me a while to rebuild, but life is just too short to fight over this stuff. Its only stuff.

  25. #25
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    Quote Originally Posted by Harry View Post
    Geez. Some of you guys make life hard for yourself.

    As has been said, is a £150 debt due from an ex really worth it? I'm talking about the emotional toll involved in getting it.

    As an accountant I've seen too many people destroy any humanity they have in themselves by fighting over petty matters in a divorce.

    I observed and learned. When my first wife and I parted 15 years ago I just gave her the house and everything in it, and walked away. It took me a while to rebuild, but life is just too short to fight over this stuff. Its only stuff.

    Exactly. Need to let go! Clinging on to an ex isn't a good look. I get the principle but as said I'd take it on the chin and see it as a payment to get rid :) more to life

  26. #26
    I wouldn't waste your time on bailiffs - my experience was that they're slow to act and have very limited powers so time passes and nothing gets done.

    3rd party debt order worked for me....but only if the person has the money in the bank. Court issues the order to the person'sbankers and if there are sufficient funds that amount is frozen. Court sets a hearing where both parties attend (auto judgement if one party doesn't attend or send something) and if found, money is pais in a few days.

    Worked for me after many months wasted on bailiffs.

  27. #27
    Master -Ally-'s Avatar
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    Good grief, seems an awful lot of hassle just for £150.Especially given your claimed position of going to Aus with the rich new bint, I'm surprised you even bothered.

  28. #28
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    Quote Originally Posted by Harry View Post
    Geez. Some of you guys make life hard for yourself.

    As has been said, is a £150 debt due from an ex really worth it? I'm talking about the emotional toll involved in getting it.

    As an accountant I've seen too many people destroy any humanity they have in themselves by fighting over petty matters in a divorce.

    I observed and learned. When my first wife and I parted 15 years ago I just gave her the house and everything in it, and walked away. It took me a while to rebuild, but life is just too short to fight over this stuff. Its only stuff.

    And some people here are far too lenient - no wonder that villains get away for a long time. She owes him the money - why shouldn't he try and get it back? Otherwise she will get away with her "crime", and the victim will be out of pocket. I for one applaud the the OP for not letting it slide, and wish him all the best.

  29. #29
    Grand Master
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    Oh good another tight arse!!!!

  30. #30
    Quote Originally Posted by Ares View Post
    And some people here are far too lenient - no wonder that villains get away for a long time. She owes him the money - why shouldn't he try and get it back? Otherwise she will get away with her "crime", and the victim will be out of pocket. I for one applaud the the OP for not letting it slide, and wish him all the best.
    I disagree entirely. If I ever had feelings for someone, would I consider a CCJ against them, which could impact on their lives for 6 years or more to be a fair and just resolution over a £150 debt?

    Principals are one thing - moving on and not letting the mistakes of your past have a bearing on your future are another. Think of it this way £150 is a very cheap way of learning a lesson. The stress, time and effort and taking such a matter to court in the first place wouldn't be worth someone paying me £150 to consider it.

    Actually - just take it to Jeremy Kyle or Judge Rinder or whatever his name is.
    It's just a matter of time...

  31. #31
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    £150 is a lot of money. You could buy a third hand wallet AND an old iphone 4 for that.

    i'd happily pursue somebody to the ends of the earth for such bounty.

  32. #32
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    Quote Originally Posted by Josh B View Post
    £150 is a lot of money. You could buy a third hand wallet AND an old iphone 4 for that.


    On a slightly different tack, I know what my immediate reaction would be if I learnt that my new partner behave the way you plan to, hoping to get a CCJ out of spite. You might want to read one of our member's account of his very bitter divorce, the hell he went through courtesy of his ex-wife, and yet how he could hold his head high from the way he behaved all the way.

    I would also remind you that "Before you embark on a journey of revenge, dig two graves."

    It may be a mis-translation of Confucius, but is probably more accurate than the original text in our world.

  33. #33
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    £150 ? i don't think i'd have lowered myself to even ask for it back, never mind land her with a CCJ ,you must feel really proud of yourself accomplishing such a feat ,guess you can walk around with your head held high now that you've accomplished your mission in life, tell me do collect the the steam off your shite ?

  34. #34
    Master steptoe's Avatar
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    Quote Originally Posted by Ares View Post
    And some people here are far too lenient - no wonder that villains get away for a long time. She owes him the money - why shouldn't he try and get it back? Otherwise she will get away with her "crime", and the victim will be out of pocket. I for one applaud the the OP for not letting it slide, and wish him all the best.
    But the OP seems to have other issues and agendas, not just the money.

  35. #35
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    Quote Originally Posted by Sweepinghand View Post
    The best thing did - much to her own self harm was pay her by bank transfer
    I had issued the word Loan as the reference on it

    Another woman owes me £250 from a £1000 loan but unless she admits borrowing it I have no clear proof

    Anyway - Larson learned

    I hope the £150 plus costs gets paid and I hope that her already poo credit score is now shot to bits
    Did you give her a copy of your loan T&C's and APR along with the money :D

  36. #36

    Interesting feedback

    Open forum
    Pinion entitled
    The woman involved took me for a mug for a few months
    £150 plus £50 costs is £200
    That's enough to make it worth my while

    It's not really the amount it's the principal
    She also had "borrowed" a couple of high value items (Apple related) that she had no intention of giving back

    Do I collect the steam from my poo? No, the person who posted that could lend me £150
    I won't pay it back
    How would they feel?

    This person has history I since found of ripping people off and playing the "woe is me" and is also a convicted benefit fraudster....
    Yes my taste has improved - and as a big hearted fella, I was trying to help.
    If people cross me, I'm no victim - been there done that.
    Im standing up for myself and for what is right.

    The "can't be bothered" brigade are the ones that in essence allow it to carry on

    As for my future - my current plans and relations have been mentioned, but with catastrophic health news from my partner literally in the last two weeks, the "good news" of winning and something positive from something bad is a hollow victory

    I will do it again - somebody else owes me £250
    Yes, I'll be claiming through court - as I'm right and they are wrong
    That will return me approx half a grand from two silly "nice guy" errors.

    I have no relation or crave for any link to the short relationship involved in my case - didn't even have to speak to her during the hearing.

    It for me is about Right and Wrong

    Thanks for the input and insults (lol) I can take the comments either way

  37. #37
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    Quote Originally Posted by Sweepinghand View Post
    Open forum
    Pinion entitled
    The woman involved took me for a mug for a few months
    £150 plus £50 costs is £200
    That's enough to make it worth my while

    It's not really the amount it's the principal
    She also had "borrowed" a couple of high value items (Apple related) that she had no intention of giving back

    Do I collect the steam from my poo? No, the person who posted that could lend me £150
    I won't pay it back
    How would they feel?

    This person has history I since found of ripping people off and playing the "woe is me" and is also a convicted benefit fraudster....
    Yes my taste has improved - and as a big hearted fella, I was trying to help.
    If people cross me, I'm no victim - been there done that.
    Im standing up for myself and for what is right.

    The "can't be bothered" brigade are the ones that in essence allow it to carry on

    As for my future - my current plans and relations have been mentioned, but with catastrophic health news from my partner literally in the last two weeks, the "good news" of winning and something positive from something bad is a hollow victory

    I will do it again - somebody else owes me £250
    Yes, I'll be claiming through court - as I'm right and they are wrong
    That will return me approx half a grand from two silly "nice guy" errors.

    I have no relation or crave for any link to the short relationship involved in my case - didn't even have to speak to her during the hearing.

    It for me is about Right and Wrong

    Thanks for the input and insults (lol) I can take the comments either way
    Well done you but i bet you weren't thinking about the 150 quid when you were slipping her the golden sausage now were you ?
    Last edited by the big fella; 3rd July 2015 at 10:56.

  38. #38

    Lol

    T b h I've never entertained paying for sex, in effect I have....

  39. #39
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    Quote Originally Posted by Sweepinghand View Post
    T b h I've never entertained paying for sex, in effect I have....
    A 150 quid in the hand is worth 2 in the bush mate.

  40. #40
    Quote Originally Posted by Sweepinghand View Post
    Open forum
    Pinion entitled
    The woman involved took me for a mug for a few months
    £150 plus £50 costs is £200
    That's enough to make it worth my while

    It's not really the amount it's the principal
    She also had "borrowed" a couple of high value items (Apple related) that she had no intention of giving back

    Do I collect the steam from my poo? No, the person who posted that could lend me £150
    I won't pay it back
    How would they feel?

    This person has history I since found of ripping people off and playing the "woe is me" and is also a convicted benefit fraudster....
    Yes my taste has improved - and as a big hearted fella, I was trying to help.
    If people cross me, I'm no victim - been there done that.
    Im standing up for myself and for what is right.

    The "can't be bothered" brigade are the ones that in essence allow it to carry on

    As for my future - my current plans and relations have been mentioned, but with catastrophic health news from my partner literally in the last two weeks, the "good news" of winning and something positive from something bad is a hollow victory

    I will do it again - somebody else owes me £250
    Yes, I'll be claiming through court - as I'm right and they are wrong
    That will return me approx half a grand from two silly "nice guy" errors.

    I have no relation or crave for any link to the short relationship involved in my case - didn't even have to speak to her during the hearing.

    It for me is about Right and Wrong

    Thanks for the input and insults (lol) I can take the comments either way
    Ignore the whingers and do what you believe to be right - I'm with you and would do the same (do read about the 3P Debt Order though....!)

  41. #41
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    Quote Originally Posted by Saint-Just View Post


    On a slightly different tack, I know what my immediate reaction would be if I learnt that my new partner behave the way you plan to, hoping to get a CCJ out of spite. You might want to read one of our member's account of his very bitter divorce, the hell he went through courtesy of his ex-wife, and yet how he could hold his head high from the way he behaved all the way.

    I would also remind you that "Before you embark on a journey of revenge, dig two graves."

    It may be a mis-translation of Confucius, but is probably more accurate than the original text in our world.
    I think you have absolutely nailed it with that comment.

  42. #42
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    Quote Originally Posted by Josh B View Post
    £150 is a lot of money. You could buy a third hand wallet AND an old iphone 4 for that.

    i'd happily pursue somebody to the ends of the earth for such bounty.
    You are a wicked man Josh!
    Last edited by KavKav; 3rd July 2015 at 13:44.

  43. #43
    Quote Originally Posted by afcneal View Post
    Ignore the whingers and do what you believe to be right - I'm with you and would do the same (do read about the 3P Debt Order though....!)
    I absolutely believe in doing what you think is right. I just prefer an easier less stressful life when at all possible.
    It's just a matter of time...

  44. #44
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    Hmm.

    Sordid sounding business.

  45. #45
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    Quote Originally Posted by Omegamanic View Post
    I disagree entirely. If I ever had feelings for someone, would I consider a CCJ against them, which could impact on their lives for 6 years or more to be a fair and just resolution over a £150 debt?

    Principals are one thing - moving on and not letting the mistakes of your past have a bearing on your future are another. Think of it this way £150 is a very cheap way of learning a lesson. The stress, time and effort and taking such a matter to court in the first place wouldn't be worth someone paying me £150 to consider it.

    Actually - just take it to Jeremy Kyle or Judge Rinder or whatever his name is.
    I'd like to see this dealt with by Rinder. Firm but fair, like Alf Stewart in Home & Away when I was a lad.....

  46. #46
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    I split up with an exGF a while back shortly after I had financed a round-the-world trip together.

    When I bailed out of the relationship, she still owed me a fair amount of cash that had not been repaid from the trip. I could have pursued her for the money, but the view I took was that I would quite happily pay that amount of cash in order to never have to see her, or have anything to do with her again, so for me it was an absolute bargain and worth every single penny to move on with my own life!



    IMHO life really is too short.

  47. #47
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    For me if some random person ripped me off for 150 I'd definitely go through the court, an ex, no way.

  48. #48
    Quote Originally Posted by IAmATeaf View Post
    For me if some random person ripped me off for 150 I'd definitely go through the court, an ex, no way.
    Believe me she was random
    Never a pot to pee in
    But addicted (I found out later) to bingo
    She was laying twice a week at £40 a throw
    Plus most afternoons after her pastime job

    So £150.... Plus costs wiped the smile off her face
    She was trying to counterclaim off me which was immediately struck out by the judge as no evidence (due to it being bully poo)

  49. #49
    Master RJM25R's Avatar
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    For £150 you can pay someone to rip her fingernails out one by one, or £500 to hobble her (look it up) or kill her for a grand.....

















    Clearly I'm joking!!!!!





















    It costs at least double of what I stated!

  50. #50
    Master IAmATeaf's Avatar
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    What do you mean laying? Was she a prozzie?

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