How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13907
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

Do you pay to take someone to court for not paying you for

Customer Question

Do you pay to take someone to court for not paying you for the damage on my property they made
JA: Where are you? It matters because laws vary by location.
Customer: UK England
JA: What steps have you taken so far?
Customer: Nothing
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: So basically I have crashed someone fence and he wants me to pay 1650 for the damage and repairing. But I refuse to pay and the police took statement on that day. What shall I do
Submitted: 18 days ago.
Category: Law
Expert:  JimLawyer replied 18 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 18 days ago.

If you had insurance at the time you must inform your insurance company. Your policy will say you must let them know about any accidents and also any impending property damage claims. So if you have insurance, you should let them know otherwise if they find out about this they could void your cover.

You say the owner of the fence wants you to pay £1650. You could pass this to you insurer to deal with and that's my best advice. If not then you can ask them how they arrived at that figure and ask them to confirm whether they obtained 3 quotes. For all you know they have used the most expensive one - as a claimant they have to minimise their losses so they need to claim the average sum from 3 quotes for repairs.

If they do sue, you will receive court documents (a response pack) which you must complete and return to the court. It is a tick box exercise for the most part and there is a short section to write a defence which is easy enough though please feel free to come back to this site if you need any more help. A claim will also take 9-12 months to be decided at court. If you lost then you would get 14 days to pay the judgment before the claimant can enforce the order, and 30 days to pay in full before it is registered with credit agencies. The claimant cannot recover legal costs if they win, in a claim under £10K (a small claim), all they can claim are the court fees and interest.

If the claim has no merit then you have an option (after your defence is filed) to apply to strike the claim out. The court will consider an application if the claim has no merit, or is misconceived. The application costs £255 but this is recoverable if your application succeeds. If you are on a low income, have low savings or in receipt of benefits then you can ask the court to waive the court fee. If you won the application, the claim is struck out.

The hearing (if the case gets that far) is likely to be held remotely, it's you, a district judge (who is a practising solicitor or barrister) and someone from the claimant company. The Judge decides and if you lost, you get 14 days to pay the sum. If paid in full within 30 days then nothing goes on your credit record.

If you lost and if you were unable to pay the full sum owed at that point you can also ask the court to pay by instalments (a simple form is sent in, form N245, and a fee of £50 unless you qualify for a fee exemption so if you are on a low income, have low savings or in receipt of benefits then you would qualify). If the CCJ was not paid in full though bear in mind the credit record would contain the CCJ details for up to 6 years. After that it comes off the credit registers.
I can assist you going forwards if it gets to the point they issue a claim. If you need a law firm to assist you to defend the claim, here is an example for you and they offer a fixed fee : https://stormcatcher.co.uk/practice-areas/dispute-resolution/small-claims-lawyer-service/

Expert:  JimLawyer replied 18 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 18 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 18 days ago.
I have not informed the insurance and have not told them anything I have also closed my insurance and didn't tell them I had any accident. I don't want to pay but the police has took report on that day. What shall I do. If they take me to court. Do i pay them if I lose or I have to pay for losing the court aswell.
Expert:  JimLawyer replied 18 days ago.

If they sue and you lose then you would be faced with a court order saying you have to pay (a CCJ). If you defend the claim it will take several months though. SO you could defend it to buy time.
If you lose then they claim the £1650, court issue fee of £115, hearing fee of £170, and interest (which is 8%). So the worst-case is you pay that.
If you did not pay the CCJ then the claimant could enforce it if they know your whereabouts and it stays on the credit register for 6 years. Obtaining credit would be more difficult during those 6 years too.

You could reply to them now, say you want them to get another 2 quotes, and you could perhaps make them an offer to settle if you were minded to.

Customer: replied 18 days ago.
What if they give me another 2 offers and it still expensive?
Expert:  JimLawyer replied 18 days ago.

You would need to consider either offering them a sum to avoid court action and see if they take it. Or tell your insurer and ask them to deal with it. Or refuse and defend the claim. Those are the 3 options in my view.

Customer: replied 18 days ago.
Is it hard to defend the claim ? Because the police has took report on that day
Customer: replied 18 days ago.
I can't go through insurance as I have cancelled it and told them I havnt has anything or accidents.
Expert:  JimLawyer replied 18 days ago.

You can admit you caused the accident but can defend the claim on the basis the figure is too high. If the police report says you were at fault then you would have trouble defending the claim on liability. But if they sue, you could admit liability but dispute the amount of the claim.
It's easy to do - a small claim is one under £10,000 and easy to do without a lawyer.

Customer: replied 18 days ago.
Okay thabks as the accident was not my fault and I was just avoiding another car from hitting me inside the round about.
Expert:  JimLawyer replied 18 days ago.

OK, no problem - the Police report may have details of that other car so you could send those to the owner of the fence and suggest to them they pursue that driver instead

Expert:  JimLawyer replied 18 days ago.

If you have the reg of that vehicle it is easy to obtain the registered keeper's details from DVLA as it'd be for a claim

Customer: replied 18 days ago.
No that car has made a run it didn't not stop all i gave them that it was a balck car
Expert:  JimLawyer replied 18 days ago.

OK, as the Police are involved, you could suggest the fence owner asks the Motor Insurers' Bureau to compensate them (they are a victim of an untraced motorist).
https://www.mib.org.uk/making-a-claim/claiming-against-an-untraced-driver/

Customer: replied 18 days ago.
shall I tell them it was that car.
Customer: replied 18 days ago.
Okay thanks
Expert:  JimLawyer replied 18 days ago.

Yes, if the Police report makes mention of that car too then it would definitely help

Customer: replied 18 days ago.
Okay I have told him of a black car. On that day.
Customer: replied 18 days ago.
ots better to tell them fir another 2 quotes or to ignore them till they go further
Customer: replied 18 days ago.
do what you told me
Expert:  JimLawyer replied 18 days ago.

Yes, exactly that.
Let me know if you need more help.
Thanks,
Jim

Customer: replied 18 days ago.
Okay no thanks you
Customer: replied 18 days ago.
For how long ima be still connected with you in this chat
Expert:  JimLawyer replied 18 days ago.

You can come back here whenever - you will be on a 7 day trial, After that it goes on to monthly membership unless you cancel. After a week we ask for any new questions to be posted in a new thread. I can clarify anything about this question for another week though.
If you need them customer services can be contacted either by email (*****@******.***) or here: https://www.justanswer.co.uk/help/contact-us

Expert:  JimLawyer replied 18 days ago.

Have a good evening.
Jim

Customer: replied 18 days ago.
Thank you. It was a greate advise and help from you.
Expert:  JimLawyer replied 18 days ago.

My pleasure, thanks again - speak soon.
Jim