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Sole trader intends to sue for non-payment

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  • Sole trader intends to sue for non-payment

    Hi, local sole trader intends to sue customer for non payment. Would he claim as eg Joe Bloggs t/a bloggs property Services or just by his name
    Tags: None

  • #2
    either. the first is probably preferable.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Thank you

      Comment


      • #4
        Is statutory interest in small claims still calculated at 8%

        Comment


        • #5
          Yes

          Make a court claim for money: Claim the interest - GOV.UK (www.gov.uk)
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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          • #6
            Thank you

            Comment


            • #7
              He intends making his claim online ,& needs to know if he should attach his evidence, ie screenshots of messages & the work he did, before during & on completion of the job.

              Comment


              • #8
                not when filing his claim. All that stuff comes later in the process.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  Ok, thank you. If the claimant wishes to claim statutory interest, how should he word it please and where does it need to be shown on the N1
                  Last edited by CYNthesys; 19th August 2023, 19:51:PM.

                  Comment


                  • #10
                    Sole trader started proceedings against debtor. Debtor filed acknowledgement & defence stating they would agree to mediation. Given that prior to starting the proceedings the debtor has ignored the traders offer to return inspect & if necessary correct any "poor workmanship " should the trader agree to mediation, and if so who would be liable for the cost.The debtor was a difficult customer who kept changing their mind on her original plans

                    Comment


                    • #11
                      Mediation is only worth it if both parties are prepared to compromise.
                      If your claim is about outstanding money on a building contract and the defendant is disputing your claim because of defects, poor workmanship, then the judge is likely to appoint an expert (building surveyor) for a report and to work out a reasonable cost for the work undertaken. The expert may use rates and prices contained in the contract documents such as the quotation, if appropriate.

                      Comment


                      • #12
                        There is a free court mediation service on the small claims track. Regarding the expert report the judge may decide to apportion the cost.

                        Comment


                        • #13
                          Generally, any mediators' fees are shared between the parties. But as has been said, court-arranged mediation in cases allocated to the Small Claims Track is usually free to the parties.
                          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                          Comment


                          • #14
                            Given that before commencing proceedings the traders offer to return, inspect and correct if necessary was completely ignored would it be likely to go against him if he refused to mediate

                            Comment


                            • #15
                              What has he got to lose? Remember that going to court can be a bit of a lottery.
                              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                              Comment

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