Re: small claims advice please


jph160 wrote:
I was owed some money by a former friend that he paid me by chq for
then stopped them as stolen when i tried to bank them

after getting no responses from him i raised a small claim through MCOL
for the amoint owed plus interest , siated the issue over the chqs in
the claim request

Did you sue on the cheque, the debt or both?

I suspect its not all that clear from your claim form. The key point is
that if someone owes you money you can sue them for that. You would
have to prove the debt was owed.

However, if you have a separate claim based on the cheque for which you
have to prove much less.

Make sense?

You can also get summary judgment on a cheque quite easily. Have you
thought of going to see a CAB or law centre? I would *strongly* advise
it.


the person in question decdied to appoint a solicitor who filed an
acknowledgment of service stating that the claim would be defended and
the that the jurisdiction of the court would, be contested. In the end
they didnt do this and have filed an order for a stay request to be
considered for me to provide copies of the chqs and further information
regarding interest etc!!!

Are they still defending the claim? Or is this a request for a stay for
settlement?


they also ask the court to order i pay their costs of application of
nearly £500 (almost as much as my claim) as i didnt give suficent
detail in the claim!


Hmmmmm, that would be harsh. Not something we can really offer any
opinions on without seeing everything. This is why seeing an advice
centre worker would be good.

the case has now been transferred and the hearing for the stay request
is at the local court - can this be awarded agaisnt me before the case
track has been allocated?

Costs can be awarded against you before the claim is allocated (and
after of course, but normally there is a cap on small claims track
costs).


any advice would be greatly appreciated

You can always read the rules:

http://www.dca.gov.uk/civil/procrules_fin/

Rule 1 is good starting point and then dip in. 8-)

Francis

.

Relevant Pages

  • Re: Disputed debt - writing lots of small cheques
    ... taking a day off work to go to court over it which is what the ... this would not be considered payment for the debt? ... states that a cheque is an acceptable form of payment, ... original amount owed and that the other party's costs could not be ...
    (uk.legal)
  • Re: Disputed debt - writing lots of small cheques
    ... by taking a day off work to go to court over it which is what the ... this would not be considered payment for the debt? ... states that a cheque is an acceptable form of payment, ... original amount owed and that the other party's costs could not be ...
    (uk.legal)
  • Re: small claims advice please
    ... the that the jurisdiction of the court would, ... they didnt do this and have filed an order for a stay request to be ... solicitors costs are not recoverable with this type of small ...
    (uk.legal)
  • Re: Sale of Goods - A Result
    ... negotiate a settlement. ... agreed to the full refund plus court costs. ... I don't really understand the question - once the cheque has cleared I ...
    (uk.legal)
  • Re: Costs
    ... Royal Naval Electrical Branch Association ... I am writing to you on an informal basis, to ask you to satisfy my costs ... time, other than the fact a copy of it will be provided to the court, as ... this application in conjunction with a request for a civil restraint ...
    (uk.local.southwest)