Legal action

Most people have heard of small claims court, but relatively few have used it. Yet it's something anyone can use as a way of solving problems. It's often used as a last resort, when you've exhausted all the other avenues of resolving a dispute. What makes small claims so useful is the fact that you don't need any legal knowledge, or even a solicitor, to bring a small claim as small claims come under the County Court.
It's tempting to resort to legal action – what is often referred to as the 'small claims court'. But what are the chances of success and will it be worth the cost and hassle?
Moreover, it's only worth making a claim if you think the defendant will be able to pay: if it is a bankrupt firm, or one with existing court orders against it, or an unemployed person for instance, it may be a pointless exercise. And finally, even if you win you may have to take action to force the defendant to pay up, and this will add to cost and time.
The main problem is that if the person you are claming against already has an outstanding CCJ (county court judgment) against them it is highly unlikely that they will pay even if you win. Enforcement can prove expensive and often ineffective if the person in question is a serial debt dodger. Ie if the debtor knows how to play the system it is largely ineffective - if it is an honest person with a mortgage etc they won’t want a CCJ as their credit rating will be ruined and the mere threat is often enough. This comes back to the whom you give credit to – if you credit check people upfront and they have CCJ’s, its cash on delivery or no trading as you know they are going to be difficult.

HER MAJESTY'S COURTS SERVICE: www.hmcourts-service.gov.uk/

COMMUNITY LEGAL SERVICE/LEGAL AID: www.clsdirect.org.uk, www.legalservices.gov.uk/

CITIZENS' ADVICE BUREAU: www.adviceguide.org.uk/