Small Claims Court - how to.

Discussion in 'Managing Your Business' started by Green Pro Clean Ltd, Feb 28, 2016.

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  1. Green Pro Clean Ltd

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    Ok so this is a brief guide / walk through as to how to recover a debt / file a claim with the Small Claims Court against a residential client.

    Now many will say 'Oh just write it off, it's only £10' or whatever the price is but in my book the price is irrelevant, it is principal.

    If I let a customer get away with two months of window cleaning and I do nothing about it except drop them when they see another window cleaner they will pull the same stunt and get away with more free window cleaning. Unacceptable. If I take action they will think twice before taking liberties with a fellow windy in future.

    I have in the past successfully filed against a residential customer and done so as a matter of principal.

    The key thing to remember is that being able to take action begins at day 1 when you sign them up as a new client, you need both first and last name and full address minimum, this will make your life easier as you go as you will file against 'Mary Roberts' instead of just 'Mary'

    This is my final demand by text for payment.

    [​IMG]

    Now many will say 'oh you don't have a contract etc etc' well the news for you is that a verbal agreement is still a contract under English law. Also you will be very hard pushed to find a Judge in England that has not had a window cleaner at some point and this is in your favor as the judge already understands that window cleaning is a verbal agreement.

    I have sent three of these today and given them till Friday to make a payment.

    Ruth Fern
    Leila Simms
    Jackie Cole

    I will update you all on the process as it unfolds I know full well that Jackie Cole will not pay as she has ignored previous threats of action. But we will see.

    Some on here may also suggest Thomas Higgins solicitors £2+ VAT letter but Higgins will only chase a debt above £25.01 and if proceeding to court can actually end up costing you money so really IMO only worth while for a sizable commercial debt.

    Will keep you posted
     
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  2. Green Pro Clean Ltd

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    Ok so here is update #1 already. This one made me smile.

    [​IMG]

    [​IMG]

    [​IMG]

    I will let you know if I am successful with this one later today.
     
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  3. JBC88

    JBC88 Member
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    Too right about principles,

    I'm sick of getting shafted over 'small amounts'. I'm glad someone's keen to take it further.

    I'm just not sure if in the end it's worth it. I say that because my uncle got scammed out of 1k when buying a round a few years ago. It went to court and my uncle won. The guy didn't even turn up though and to date my uncle has never received any money. You keep having to pay out for bailiffs etc if you want to keep pursuing it- even though you've won in court.

    It would be great if there was a post on here where anyone who has taken action against customer can post to show if it was successful or not. If more do it it would build confidence and I bet more cleaners would try it.
     
  4. Green Pro Clean Ltd

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    Quick update. Both Leila Simms and Ruth Fern have paid up so that's 66.6% of the debts recovered with no further action required.

    Jackie Cole will be filed on Friday.
     
  5. Dragbag

    Dragbag Active Member
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    When reading the text exchange between you when your customers that have not paid to me read like a short story :clap: I was getting quite excited to see what the end result would be..any further updates
     
  6. Green Pro Clean Ltd

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    Only update is Jackie Cole has had a claim filed against her on Friday. Now we wait 30 days (or less) to see if we're going to get paid. :)
     
  7. JBC88

    JBC88 Member
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    Hi Green

    Any update on the Jackie Cole case, glad you got the other two payments.
     
  8. Rosewood

    Rosewood Active Member
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    Does it cost money to file the claim and how complicated is it . I have an £18 debt 2x £9 cleans from Jan and Feb and considering going down this route but don't want to be bogged down in official paperwork
     
  9. Green Pro Clean Ltd

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    Yse it costs £25 to make the claim butthat gets added to the bill.

    J Cole paid her bill plus the £25 costs prior to the hearing date.

    All sorted.
     
  10. Rosewood

    Rosewood Active Member
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    So the £40 ad min cost that you threaten to put on, is that a figure plucked out of the air or do you have to justify it if it goes to court and is the £25 for filing the claim part of that £40
    One other thing can you file a claim on line.
     
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