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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70698
Experience:  Over 5 years in practice
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If I go to the small claims court will I win?

Resolved Question:

If I go to the small claims court will I win?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
He was a friend at university and he was not able to take a phone contract out as he had a poor credit score. So he asked me to do it and I did being a kind hearted friend. He started off paying it then stopped and I got letters from debt collectors asking for the payment as it was in my name. I paid the debts and he was paying me back each month. I paid the last amount in December and he said he would pay me back but did not. It's £100 that I am owed and I have been contacting him trying to set a date and time to pay me back but when the time comes he ignores me then makes up wild excuses. Now he has blocked me on social media and will not return my calls or messages to arrange a date and I want to take this matter further. However, I do not want to take it to the small claims court and loose then I'll be even more out of pocket. I have proof of him saying he will pay on 3 separate occasions and he has not. Also I have proof of debt as I have letters from debt collection agencies. He has done this to another friend when he borrowed money for rent and did not pay him back for months and months. He works full time and has plenty of money to pay me but refuses to.
Expert:  Jo C. replied 2 years ago.
It is always possible that you can lose at Court. Anything can go wrong. There are never any guarantees.
However, if the facts are as you say then you should not lose. You seem to be describing a clear agreement. If he denies it then you can prove he acknowledged it at some point which rebuts that argument.
It is possible that you could lose but not likely.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
Could I claim all the court fees as I am a student and do not have a lot of money that's why I am taking this matter to court as him not paying me has out me in financial hardship?
Expert:  Jo C. replied 2 years ago.
if you win then you will get court fees but it will only be about £35 anyway.
Customer: replied 2 years ago.
And lastly could I claim the money I spent getting legal advice. I.e. The £18 I spent on this site?
Expert:  Jo C. replied 2 years ago.
No, I am afraid not. Small claims court fees are fixed. You cannot claim legal fees save for exceptional circumstances and anyway a question and answer site is not a legal fee.
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