Small claims court or solicitor ?

[*daisychain*]

Hi all, wondering if anyone has any advice / experience they could share .
I am dealing with a non payer, I'm owed about £350. I can't go through my insurance MM as it's past 90 days since it was owed. MM have gave me a number for a solicitor however I'm wondering to use this or go through small claims court. I don't want it to end up costing me lots of money :-(
Any advice welcomed .TIA

[hectors house]

Sorry haven't any experience of using either - interesting to see though that MM can't help if debt is more than 90 days old - all my parents pay in advance, so don't think I would let a debt go that far but worth bearing in mind for other minders who charge monthly in arrears. Hope you get some replies which can help you decide which option to choose, it's a real shame that we can't get the money direct from tax credits as I bet parents claimed it and have spent it on other things.

[sarah707]

You can normally get half hour free phone consultation with a solicitor - I suggest you speak to them and ask what it's likely to cost x

[Simona]

Hi all, wondering if anyone has any advice / experience they could share .
I am dealing with a non payer, I'm owed about £350. I can't go through my insurance MM as it's past 90 days since it was owed. MM have gave me a number for a solicitor however I'm wondering to use this or go through small claims court. I don't want it to end up costing me lots of money :-(
Any advice welcomed .TIA

To take someone to a small claims court will cost you a lot of money for the application, process, documentation, time and effort and time off to attend
The court may ask you to resolve the matter 'out of court' as it is such a small amount...please check

90 days means you have allowed the parents not to pay for a long time...can you pursue the money?
if not... you can decide the way forward.....but in future think about getting a 4 weeks deposit...some cms are against this...but it saves a lot of worry
If parents fail to pay within 4 weeks you use the deposit ...then review their contract or end it ...whatever is best for you

[rickysmiths]

Here is some information about Small Claims.

Citizens Advice - Small claims

https://www.gov.uk/make-court-claim-...ney/court-fees


It will cost you between £35 and £50 to make the Claim. It is not expensive at all to use the Small Claims route and it is designed to be used by ordinary people so you don't have to spend a fortune on expensive Solicitors.

To take a case to the Small Claims will cost you some time on line to fill in the forms, a small fee and the cost of copying some paperwork so not much at all. You will need to demonstrate that you have tried to get payment in all reasonable ways before resorting to Court. So you have written to the person an a number of occasions, you have given time for a reply, you have offered a reasonable payment plan for them if they have asked for it etc. They may ask you to attend a mediation meeting and all this means is that you attend a meeting with a judge and see if the matter can be resolved before it progresses to Court. They may also give an indication if it goes to Court as to if you will be successful or not.

[*daisychain*]

Thank you for the information. Have spoke to a solicitor on the phone who didn't seam that helpful. Think small claims court is the way forward .thanks again :-)

[rickysmiths]

I think I would do that. At least if they don't rule in your favour you don't loose much and if you win your fees are added to the debt.

[Kirsty90]

I've took an ex parent to the small claims court in the past. It didn't take a lot of time to do and think it cost me approx £30 but the other party is liable to pay some or all of the costs back to you if you win the cost anyway. There's quite a bit of waiting involved while things go back & forward but I got the money owed in the end without going to court, our mediation was done over the phone. Hope that helps & if you want to ask anything feel free to message me xx

[Simona]

Some of the information provided here is not correct but it is up to anyone wishing to take their case to court to find out all the necessary details, costs, compensation, paperwork required and time needed to deal with such matters ...

there is also the representing association who can offer advice if cms belong to one.

[Kirsty90]

Some of the information provided here is not correct but it is up to anyone wishing to take their case to court to find out all the necessary details, costs, compensation, paperwork required and time needed to deal with such matters ... there is also the representing association who can offer advice if cms belong to one.

Sorry which information is not correct? Thanks xx