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question re late payment act & small claim action

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12 years 8 months ago - 12 years 8 months ago #638 by shefa alnaeme
Hi All,
I have taken a small claim action against a firm and a hearing date was fixed. The debtor withheld my services fee for nearly 5 years, the invoices total is around £2500.00. still unpaid despite all the efforts to get them paid.I have around 60 invoices they were submitted to the firm at time, each invoice cost was less than £100. I want to claim the 8% interest from the issue date of each invoice as well as the late payment compensation of £40 per invoice. An extra £2200.00 will occur as a result and by adding this to the principle amount, it will rise above the small claim limit of £3000.00. The problem is I don't know what is best to do here! shall I do two combined small claim actions? I am aware if I add the late payments compensation amount to the principle claim, i might complicate the case for the small claim court and subsequently the case will be considered for summary hearing instead. although I have very good evidences submitted to court, I still can't risk the expenses in the event of case lost and that's why I prefer to be within the small claim limit if I could. But also not to lose my right for the late payment compensation too. Do I have the right to wait until the court decision first, then apply for the late payment compensation separately? if so then how to go about it please? My sincere appreciation for any advice I receive in my case. Many Thanks

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12 years 8 months ago #660 by Safe_UK
Firstly, be warned Small Claims is not a guarantee that you will not incur any costs. It is not uncommon for judges to award costs in small claims cases.

Secondly have you tried anything else to collect at this point? Legal action really should be your very last option.

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