Issuing proceedings against an individual for monies owed

[BlackBird1]

Hello, Firstly thank you for clicking on this thread and I appreciate the time you have given to read through this matter.

I am planning on issuing proceedings against an individual who has promised to pay me a significant sum of money over a period of around 2 years. The individual has never denied that he owes me the money, and has consistently agreed to pay me the sum in question, even claiming to have visited the bank on several occasions to make a payment. However, I have not received any money from the individual at all and it has since come to light that the individual has not attempted to make any payment to myself.

The individual owes me the money as I loaned it to him over the period of time, for every payment that was sent I confirmed with him how much money he now owed me and I have even got copies of signed written agreements between myself and the individual that clearly state the sum he owes me and the date he originally agreed to pay it back. (albeit this date is now several months back).

My main question is, when drafting my details of claim do I need to provide evidence for each payment that was made to the individual or would it be sufficient to provide the court with all copies of the written agreements and a summary of the matter detailing when payments were sent and the promises I was told in regards to a re-payment?

Thank you again

[jaguarsuk]

Before you issue a claim you need to send a Letter Before Action setting out your legal position, what they must do to rectify the issue, that they have 30 days to do so, what the consequences of ignoring or refusing will be (a court claim) and advising them this is serious, so they ought to take legal advice.

On filing a claim if it comes to it you won’t send any evidence, you’ll simply set out your claim and what you are owed. Only if it goes to a hearing along with your Witness Statement will you file evidence with the court and exchange evidence with defendant.