Should I consider writing letters of intent for small claims proceedings?

Akagi

Akagi

Akagi

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A few months ago I sold two computers, one to an old friend of mine who I hadn't spoken to in a while, and one to a friend of a friend. In both cases they wanted to pay a deposit and pay the rest by an agreed date. Ordinarily I would decline such offers, but as I knew these people, I made exceptions.

One of the computers was sold for £350, they agreed to pay a £50 deposit, and a payment of £300 a week later after their payday. As far as I am aware, they were paid as usual, however they only paid me £100 and said I would get the rest "soon". They were not even slightly apologetic, but I yielded to avoid confrontation and the risk of them refusing to pay. It is now a month later, and after chasing them they had agreed to pay me another £100 a few days ago, but they neglected to do so. I contacted them again, and they became irate.

The other computer was sold for £550, they agreed to pay me £250 up-front, and the remaining £300 in a months time. It is now three months later and they have neglected to pay me any money (bar the £250), and keep making up excuses for their actions, including claiming they had lost their job when they hadn't. I am now waiting for a sum of £150 on the 9th, and then the other £150 "somewhen", but I expressed my displeasure, and they starting firing loads of lame excuses my way...

The total I am owed is around £500, which is a considerable sum given my current finances.

How much longer would you put up with this nonsense before at least mentioning that you are not afraid to initiate legal proceedings against them..?

One thing is for sure, I'm never accepting anything but payments in full again, from anyone... I know it was probably a mistake to begin with, but I have known one of them for a number of years and we used to be good friends, as for the other, well I suppose I should have known better.
 
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Just go round their houses and either reclaim the PC or something to the outstanding value. If they don't like it, boxing stance or letterbox.
 
I think we need a sub-forum for serious questions, to avoid the usual GD crap from being posted...

Some genuine advice would be nice please! :p
 
If they say they cant pay, tell them that's fine and you will take the PC back instead (but keep the money you have already been paid) if they decline then threaten them with legal action?

Bit of a tough one mate.
 
You should probably write letters to those who purchased (or should have) the items from you stating how much they have paid, what the items are worth and how long they have to finish paying you. Make sure you keep a copy.

Once you have delivered the letters allow them time to pay (Which will be stated on the letter).

If they haven't paid by the stated date then I would suggest starting to go down the road of the small claims court.

Just as a curiosity did you have any documents for selling the items or was it just a verbal contract?
 
Depends if you have anything written as proof of the agreement. Inform them that you are considering legal action and take it from there.
 
I don't have documents, but I have Facebook chat logs for the one who owes me £300, including when they were originally going to pay, all the lame excuses and so forth.

As for the other one, I did have Facebook chat logs, but I deleted them from my machine for totally different reasons a few weeks ago, so I only have more recent messages about the £100 they agreed to pay and then neglected to, and when they became irate with me. Of course, they don't know that I don't have the whole thing saved.
 
Acme said:
I don't have documents, but I have Facebook chat logs for the one who owes me £300, including when they were originally going to pay, all the lame excuses and so forth.

As for the other one, I did have Facebook chat logs, but I deleted them from my machine for totally different reasons a few weeks ago, so I only have more recent messages about the £100 they agreed to pay and then neglected to, and when they became irate with me. Of course, they don't know that I don't have the whole thing saved.
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Although a written agreement when you sold the items would have been better at least the Facebook chat logs are a form of evidence. I still stand by my previous post of a letter to them about payment over a time period then small claims court.
 
To clarify - did you give them the computeres/pc's when they paid a deposit?
Are they in posession of them?

Or are you still in posession of them?
 
They are in possession of them. If it was the other way round, there wouldn't be an issue. I would have just given them their money back and moved on.

I have £150 of £350 for one of them, with a possible £100 coming soon, no word on the remaining £100.
I have £250 of £550 for the other one, with a possible £150 coming in a week, no word on the remaining £150.
 
Acme said:
They are in possession of them. If it was the other way round, there wouldn't be an issue. I would have just given them their money back and moved on.

I have £150 of £350 for one of them, with a possible £100 coming soon, no word on the remaining £100.
I have £250 of £550 for the other one, with a possible £150 coming in a week, no word on the remaining £150.
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honestly - it's your fault for letting them take them and only getting a deposit.

When it comes to friends and money - it's always a dangerous thing.

Only option is to try and "threaten" them with small claims court proceedings to pay up but I think you've very little chance of getting the money that way as unless you have proof/evidence of the payments/agreements etc - you'll struggle.

Send them a couple of letters asking for the money or you'll take legal action to get the funds returned.

But honestly -it's your silly fault for giving them away with only a deposit!

Would you do it if someone from Gumtree/ebay bought them?? no chance.
 
Like I said, of course I wouldn't do it with someone I don't know, but I let these people do it because I thought their word was genuine, and I have known one of them at least, for a very long time and we used to be good friends.

The last thing I expected was for them to screw me over... :(

I've done it with lower valued things with my friends quite a lot, perhaps up to £150, and they all paid me when they said they would.
 
I would start something along those lines fit was me. You had a clear agreement, and they are now taking the ****. If it was the other way around, i'm sure they would have a problem with it. Realistically, after this do you want any further contact with them? If not, then you're not losing anything but going down this route.
 
With good mates i'm in contact with and know they're reliable, i'd do it like you said. Otherwise, i'd just ask for the cash and do it all once i've been paid [Martin Lewis]in full[/Martin Lewis].
 
I'd send them some texts or emails first to really try and get it in writing. Then when they acknowledge (even indirectly) that they owe you it...Bring the pain!
 
"Hi xxx,

As you've already paid £150 of the £350 we agreed for the PC, could we meet up to discuss the remaining balance? I'm sure you appreciate that money is tight, so I want to keep this amicable please.

Thanks,

Acme"
 
EVH said:
"Hi xxx,

As you've already paid £150 of the £350 we agreed for the PC, could we meet up to discuss the remaining balance? I'm sure you appreciate that money is tight, so I want to keep this amicable please.

Thanks,

Acme"
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Not bad!
 
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