ChatterBank0 min ago
Small Claims Court
I booked a wedding disco in Feb 2009 and later canceled by telephone leaving a message on the answering machine. Thought nothing more of it, got rid of any paperwork relating to it and lost my £50 deposit paid by cheque - can trace cheque
The dj called me 3 days before the wedding was supposed to have happened to sort through details and was surprised to hear I had canceled but asked me to pay. I decided against it (bad move!) and this morning I received the claim he has made against me.
Without proof I cannot prove he has increased the amount we agreed to by £50 (from £150 to £200).
I did cancel, and I believe he has just chosen to ignore my request to do so. What is the worst case scenario if I decide NOT to pay?
The dj called me 3 days before the wedding was supposed to have happened to sort through details and was surprised to hear I had canceled but asked me to pay. I decided against it (bad move!) and this morning I received the claim he has made against me.
Without proof I cannot prove he has increased the amount we agreed to by £50 (from £150 to £200).
I did cancel, and I believe he has just chosen to ignore my request to do so. What is the worst case scenario if I decide NOT to pay?
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.Worst case scenario is that you will be ordered to pay the £200 plus 6% interest, plus fixed costs (which will be the costs of issue at about £30 plus fixed solicitors' costs - if he used one at between £50 and £80). There will also be a hearing fee of £75. Plus you may be ordered to pay witness expenses for the costs of any witnesses attending court, including loss of earnings of up to £50.
I don't think she'll go to prison for that :-)
If they judge in his favour you'll be ordered to pay the debt. Depending on your personal circumstances you could offer to pay it monthly.
If you don't pay...they could get the bailiffs out to you.
I was watching something on rogue traders. A couple took a builder to small claims, he was ordered to pay. Made a few payments and then stopped. They got the bailiffs out...didn't catch up with him though and he was still trading.
If they judge in his favour you'll be ordered to pay the debt. Depending on your personal circumstances you could offer to pay it monthly.
If you don't pay...they could get the bailiffs out to you.
I was watching something on rogue traders. A couple took a builder to small claims, he was ordered to pay. Made a few payments and then stopped. They got the bailiffs out...didn't catch up with him though and he was still trading.
If I were you I'd fight it. If you have the proof that you lost your deposit because you cancelled, (that's what deposits are for) then why should you pay for something which in all good faith you had cancelled.
With hindsight it would have been better if you had cancelled it in writing at the time too but I would have my day in court. Represent yourself and the worst case scenario would be that you have to pay him anyway + his court costs which you are being asked for now as he has instigated these proceedings and this has cost him the extra £50.00. You may win but if you don't turn up then things will take their course.... bailiffs etc.
With hindsight it would have been better if you had cancelled it in writing at the time too but I would have my day in court. Represent yourself and the worst case scenario would be that you have to pay him anyway + his court costs which you are being asked for now as he has instigated these proceedings and this has cost him the extra £50.00. You may win but if you don't turn up then things will take their course.... bailiffs etc.
prison? LOL very good joke
Bailiffs? They will have no right on entry into my house for this kind of debt
CCJ?
It was just a 'what if' really. I am annoyed he has increased the price by £50. and no, it wasn't because of fees, they were £25
Chrissa, I thought about doing that. But, I have no proof I did cancel, it was a phone call. I do have the cheque number as proof that I paid the deposit which can be traced, of course
I have filled out some of the form (in pencil) as I think I'm going to go with the 'I dispute the amount but agree I owe him something' route. And have offered £5 pm
I'd rather not have a CCJ against me for the sake of £200
Thanks folks, except ratter ;-), for your replies
Bailiffs? They will have no right on entry into my house for this kind of debt
CCJ?
It was just a 'what if' really. I am annoyed he has increased the price by £50. and no, it wasn't because of fees, they were £25
Chrissa, I thought about doing that. But, I have no proof I did cancel, it was a phone call. I do have the cheque number as proof that I paid the deposit which can be traced, of course
I have filled out some of the form (in pencil) as I think I'm going to go with the 'I dispute the amount but agree I owe him something' route. And have offered £5 pm
I'd rather not have a CCJ against me for the sake of £200
Thanks folks, except ratter ;-), for your replies
unless you had a contract with the disco to give notice of cancellation some fixed time previous to the booked date...then you cancelled when you were called three days before the event and as you had given a deposit which was retained then that should be that...
if his view is that cancellation three days before is unreasonable even if ignoring earlier cancellation by phone message he is partly to blame and should have asked for ..say..payment in full 4 weeks before the event
if his view is that cancellation three days before is unreasonable even if ignoring earlier cancellation by phone message he is partly to blame and should have asked for ..say..payment in full 4 weeks before the event