Someone chasing me for money
Discussion
A quick question:
I employed an agent over a 12 month period to get me more work. This agent got me 4 days work over that period. The cost of this period to me was over £900 - so I barely broke even on the work.
I cancelled the service by stopping my standing order, as the agent was not answering my messages and often the promise of work just 'vapourised', the only way I'd find out was to phone him and chase it up.
Hes now pursuing me for about £35, saying that I should have given him one month's notice (it was in the contract I signed), and hes kept my deposit, leaving the £35-ish figure.
This has been going on since October, today I got a letter once more demanding the money, before 'further action' was taken.
Would he take me to court over £35, and if he did, how would it stand in court if I presented my side, which is basically that the service he provided was in no way worth the money, and that he hasn't fulfilled his side of the contract by getting me enough work (the contract doesn't give a minimum amount of guaranteed work - just that he'll 'try his best')?
I employed an agent over a 12 month period to get me more work. This agent got me 4 days work over that period. The cost of this period to me was over £900 - so I barely broke even on the work.
I cancelled the service by stopping my standing order, as the agent was not answering my messages and often the promise of work just 'vapourised', the only way I'd find out was to phone him and chase it up.
Hes now pursuing me for about £35, saying that I should have given him one month's notice (it was in the contract I signed), and hes kept my deposit, leaving the £35-ish figure.
This has been going on since October, today I got a letter once more demanding the money, before 'further action' was taken.
Would he take me to court over £35, and if he did, how would it stand in court if I presented my side, which is basically that the service he provided was in no way worth the money, and that he hasn't fulfilled his side of the contract by getting me enough work (the contract doesn't give a minimum amount of guaranteed work - just that he'll 'try his best')?
Let him do his worst.
I would be staggered if he actually took action over the £35.
Send him a letter, recorded delivery, stating that you consider his service to have been sub-standard and significantly inferior to what was promised, and that as a result you have paid out as much as you have made.
Given that you feel misled by what was promised and what was delivered, you are not prepared to make any further payments and consider, as you have given notice, that the relationship is at an end.
If he wants to take you to court, go. And explain how aggrieved you are to the Judge - I suspect he will find in your favour.
I would be staggered if he actually took action over the £35.
Send him a letter, recorded delivery, stating that you consider his service to have been sub-standard and significantly inferior to what was promised, and that as a result you have paid out as much as you have made.
Given that you feel misled by what was promised and what was delivered, you are not prepared to make any further payments and consider, as you have given notice, that the relationship is at an end.
If he wants to take you to court, go. And explain how aggrieved you are to the Judge - I suspect he will find in your favour.
agree to give him the money, but ask for understanding on his part as funds are low due to a long time without work coming in from job agents.
offer to refend the money over the next year and explain payment rates to cover the duration of the time it would take for hiim to get you to court.
plan at around £2.50 per month, cant see a court helping you, did sign something and he did provide a service no matter how poor. doubt no performance clause in the contract so again would be difficult to prove your side.
so agree to pay but at speed that will cause him hassle but still less than the court.
>> Edited by Code Monkey on Thursday 12th January 11:54
offer to refend the money over the next year and explain payment rates to cover the duration of the time it would take for hiim to get you to court.
plan at around £2.50 per month, cant see a court helping you, did sign something and he did provide a service no matter how poor. doubt no performance clause in the contract so again would be difficult to prove your side.
so agree to pay but at speed that will cause him hassle but still less than the court.
>> Edited by Code Monkey on Thursday 12th January 11:54
anonymous said:
[redacted]
Dunno about that. Seems like our man is in breach of the terms of his contract.
Nevertheless, if this gets to court I will eat my hat.
Some smartiepants civil law bod will come along in a moment and tell us exactly what the current fee is, but my recollection is that it costs nearly double this £35 debt just to issue the proceedings.
As no legal costs are recoverable (this action being for a sum just under the £5000 small claims threshold) then it will cost the other fella a damn sight more than £35 to recover his debt, particularly once he has wasted a day at court.
If you ignore him he will go away, but will probably slag you off for the rest of eternity to every one else he ever meets.
For the cost of less than a tank of petrol, it might be better to keep him sweet and pay him off.
Pat
off_again said:
^ what he says.....
The correct words in the right order and enough legaleese to be water-tight. Doubt that you will hear anything again...
Alexp - not a solicitor by any chance?
No, just had to deal with far too many legal wrangles and battles in my time...all of which I have won I should add. >> Edited by alexkp on Thursday 12th January 12:05
So the basic cost of the cheapest court action he could undertake is never, ever, recoverable?
What if he gave it to a debt collection agency - would they refuse to consider it, because of similar costs?
I'm not a bad debtor at all, but I really don't want to pay it as the man has done an awful job. In my opinion, anybody who has only got me such a paltry amount of work should be apologising, and offering me money back!
I'm not worried if he slags me off - I've already mentioned this to more than a few collegues and its cost him far more than it would ever cost me. Nobody really knows who he is anyway, hes small fry. I've also learned that he was sacked from his job before he started this agency, because he was caught red handed filching clients from his firm. Thats the type of guy he is.
What if he gave it to a debt collection agency - would they refuse to consider it, because of similar costs?
I'm not a bad debtor at all, but I really don't want to pay it as the man has done an awful job. In my opinion, anybody who has only got me such a paltry amount of work should be apologising, and offering me money back!
I'm not worried if he slags me off - I've already mentioned this to more than a few collegues and its cost him far more than it would ever cost me. Nobody really knows who he is anyway, hes small fry. I've also learned that he was sacked from his job before he started this agency, because he was caught red handed filching clients from his firm. Thats the type of guy he is.
Pat H said:
As no legal costs are recoverable (this action being for a sum just under the £5000 small claims threshold) then it will cost the other fella a damn sight more than £35 to recover his debt, particularly once he has wasted a day at court.
Pat
Shirley if he issue a writ in the county court and wins all charges are recoverable plus interest. He doesn't need a lawyer in any event, he just needs to issue the claim. (I always claim costs and interest when I sue people).
Parrot of Doom said:The cost of issuing the proceedings, lets call it £60, can be added to the £35 if you lost the case.
So the basic cost of the cheapest court action he could undertake is never, ever, recoverable?
What if he gave it to a debt collection agency - would they refuse to consider it, because of similar costs?
I'm not a bad debtor at all, but I really don't want to pay it as the man has done an awful job. In my opinion, anybody who has only got me such a paltry amount of work should be apologising, and offering me money back!
But no one with any sense will pursue you for a net return of £35.
If you did receive a summons, return it to the court stating that you contest the case and explaining in brief terms that he has breached the contract by failing to provide the contracted services.
Don't ignore the summons, o/w he wins by default.
Pat H said:
Seems like our man is in breach of the terms of his contract.
Nevertheless, if this gets to court I will eat my hat.
Some smartiepants civil law bod will come along in a moment and tell us exactly what the current fee is, but my recollection is that it costs nearly double this £35 debt just to issue the proceedings.
As no legal costs are recoverable (this action being for a sum just under the £5000 small claims threshold) then it will cost the other fella a damn sight more than £35 to recover his debt, particularly once he has wasted a day at court.
If you ignore him he will go away, but will probably slag you off for the rest of eternity to every one else he ever meets.
For the cost of less than a tank of petrol, it might be better to keep him sweet and pay him off.
Pat
If the claim is up to 300 notes, itll cost you a 30 quid fee for your case to be heard in the small claims court.
You dont have to pay the fees if :
a)You are on Income Support, or
b) Working Family Tax Credit, where child tax credit is being paid or there is a disability or severe disability element, or
c) Income based Jobseekers Allowance, or
d) Guarantee credit under the State Pension Credit Act 2002, or
e) Payment of a fee would cause hardship to you.
f) You are in receipt of "Legal Help" from a solicitor, or
g) You are in receipt of a "funding certificate" from the Legal Services Commission. You must complete court form "Ex160", (application for a fee exemption or remission) for each court fee you cannot pay for one of the above reasons.
edited to add it is actually amazingly simple to start a claim, all he needs to do is fill out a claim form, and wing it off. If the guy is that hard up that he is considering legal action against you for a few quid, perhaps he is in a rather poor fiscal position, hence he wouldnt have to stump up for the fees?
Was it a bona fide agent you employed or a bloke working from home so to speak?
>> Edited by princeperch on Thursday 12th January 12:20
princeperch said:Well there you go....
Seems like our man is in breach of the terms of his contract.
Nevertheless, if this gets to court I will eat my hat.
Some smartiepants civil law bod will come along in a moment and tell us exactly what the current fee is, but my recollection is that it costs nearly double this £35 debt just to issue the proceedings.
As no legal costs are recoverable (this action being for a sum just under the £5000 small claims threshold) then it will cost the other fella a damn sight more than £35 to recover his debt, particularly once he has wasted a day at court.
If you ignore him he will go away, but will probably slag you off for the rest of eternity to every one else he ever meets.
For the cost of less than a tank of petrol, it might be better to keep him sweet and pay him off.
Pat
If the claim is up to 300 notes, itll cost you a 30 quid fee for your case to be heard in the small claims court.
You dont have to pay the fees if :
a)You are on Income Support, or
b) Working Family Tax Credit, where child tax credit is being paid or there is a disability or severe disability element, or
c) Income based Jobseekers Allowance, or
d) Guarantee credit under the State Pension Credit Act 2002, or
e) Payment of a fee would cause hardship to you.
f) You are in receipt of "Legal Help" from a solicitor, or
g) You are in receipt of a "funding certificate" from the Legal Services Commission. You must complete court form "Ex160", (application for a fee exemption or remission) for each court fee you cannot pay for one of the above reasons.
I've been hacking around the magistrates courts for over a decade and some young whippersnapper law student comes along and shows me up....
How goes it, Jack?
Pat H said:
Seems like our man is in breach of the terms of his contract.
Nevertheless, if this gets to court I will eat my hat.
Some smartiepants civil law bod will come along in a moment and tell us exactly what the current fee is, but my recollection is that it costs nearly double this £35 debt just to issue the proceedings.
As no legal costs are recoverable (this action being for a sum just under the £5000 small claims threshold) then it will cost the other fella a damn sight more than £35 to recover his debt, particularly once he has wasted a day at court.
If you ignore him he will go away, but will probably slag you off for the rest of eternity to every one else he ever meets.
For the cost of less than a tank of petrol, it might be better to keep him sweet and pay him off.
Pat
yeah I reckon just pay the fellow and damn his impudence!
but seriously, for the sake of £35 i'd just pay him and forget it, it does sound to me that after all even though he was a crap agent you are in breach of contract and it's not cricket to fail to pay the man IMHO
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