SMALL CLAIMS Sample Letters and Claims Letter Sample Letter by Armaggedon

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									                                SMALL CLAIMS

                         Sample Letters and Claims

Letter 1- Sample Letter to People who Owe You Money (a) Debt for
goods supplied

 Your address:

 Their address:

 Date

 Dear (name of person who owes you money)

 On (state date) at your request I supplied to you the items shown
 on invoice (give invoice number and date) in the total sum of (state net sum
 plus V.A. T. and total figure). 28 days have elapsed and you have not made
 payment.

 In the circumstances, if you do not make payment within the next seven days I
 intend to start a claim in the Small Claims Court.

 Yours faithfully,

 (Your Name)

If you wish to start a claim in the Small Claims Court you will need to make a
detailed Statement of Claim.

STATEMENT OF CLAIM

The Plaintiff’s claim is for:- (give full details including names, dates and
amounts)

EXAMPLE

£1,000 for goods supplied as listed on invoice Number (enter invoice number)
(copy attached) and dated the (enter date). Reminder sent on the (enter
date) and (enter date)
Despite demand no payment has been received.


                                                        This     day of        1999

                                            (Name and signature of the Plaintiff)
Where the Plaintiff’s claim is for a debt or liquidated demand only:

If, within the time for returning the Acknowledgement of Service, the
Defendant pays the amount claimed and £ for costs and, if the Plaintiff
(applicant) obtains an order for substituted service, the additional sum of £
further proceedings will be stayed. The money must be paid to the Plaintiff or
his Advocate.

NOTE: Adequate particulars of the demand must be included if an application
for judgment is to be made under Order 2A of the Rules of Court.


Letter 2 - Sample Letter to People who Owe You Money (b) In
respect of a loan

 Your address:

 Their address:

 Date

 Dear (name of person who owes you money)

  On the (state date) I loaned you the sum of (state amount). You were
 supposed to repay the money by (state date) together with interest at the rate
 of (state rate). A total of (state amount of loan plus interest) is due at todays
 date.

 I asked you on the (state date) to repay me the money but you have not
 repaid.

 If I do not receive repayment together with interest to date within seven days I
 will have to start a claim against you in the Small Claims Court.

 Interest continues to be added at (state amount) per day.

 Yours faithfully,

 (Your name)



If you wish to start a claim in the Small Claims Court you will need to make a
detailed Statement of Claim.

STATEMENT OF CLAIM
Tlle Plaintiff’s claim is for:- (give full details including names, dates and
amounts)

EXAMPLE

£1,000 in respect of money loaned to the Defendant on the (enter date).
Repayable on the (enter date) together with interest at (state rate) per
annum being (state amount) as at (enter date of issue of summons) and
continuing interest at the same rate per annum being (state amount) per day.

Demand was made on the (state date)

Despite demand no payment has been received.

                                                    This       day of           1999

                                             (Name and signature of the Plaintiff)


Where the Plaintiff's claim is for a debt or liquidated demand only:

If, within the time for returning the Acknowledgement of Service, the
defendant pays the amount claimed and £ for costs and, if the Plaintiff
(applicant) obtains an order for substituted service, the additional sum of £
further proceedings will be stayed. The money must be paid to the Plaintiff or
his Advocate.

NOTE: Adequate particulars of the demand must be included if an application
for judgment is to be made under Order 2A of the Rules of Court.
Letter 3 - Sample Letter to Person Against Whom You Have a Claim
in Damages


  Your address:

  Their address:

  Date

  Dear (name of person against whom you claim)

  On (state date) I employed you to repair my central heating boiler. I rang you
  on (state date) and again on (state date) to tell you that it was still not working
  properly.

  You sent me a bill, which I paid. As the boiler was still not working properly I
  later had it examined by another plumber, who had to undertake work on it
  and who advised me that the work you had done had contributed to the
  problem rather than resolved it.

  In the circumstances, I seek by way of damages, repayment of the money
  which I have paid to you in the sum of (enter amount paid).

  (Or: I asked you on the (state date) to repay me this money because you had
  not done the work properly. You have not repaid me.)

  If I do not receive the money in the next seven days I will have to start a claim
  in the Small Claims Court against you.

  Yours faithfully,

  (Your Name)

  (Your name)
If you wish to start a claim in the Small Claims Court you will need to make a
detailed Statement of Claim.

STATEMENT OF CLAIM

The Plaintiff’s claim is for:- (give full details including names, dates and
amounts)

EXAMPLE

1.The plaintiff’s claim is for Damages not exceeding £5,000.
2.On the (enter date) the Plaintiff engaged the Defendant who at all material
times was a plumber to repair his central heating plant.
3.The Defendant attended at the Plaintiff’s premises and purportedly
repaired the central heating and delivered to the Plaintiff a bill, which the
Plaintiff immediately discharged.
4.Over the next two days the Plaintiff discovered that the central heating
plant was not working properly and complained to the Defendant and
requested he return to remedy the defects.
5.The Defendant ignored the Plaintiff's complaints.
6.On the (enter date) the Plaintiff engaged the services of a second plumber
to examine the central heating plant who reported that the work undertaken
by the Defendant was defective, of no value and needed redoing.
7.The Plaintiff engaged the second plumber to rectify the Defendant’s
defective work.
8.The Plaintiff claims damages against the Defendant in the sum of (enter
amount) the amount of the Defendant’s bill.

                                                      This     day of        1999

                                            (Name and signature of the Plaintiff)


Where the Plaintiff’s claim is for a debt or liquidated demand only:

If, within the time for returning the Acknowledgement of Service, the
Defendant pays the amount claimed and £ for costs and, if the Plaintiff
(applicant) obtains an order for substituted service, the additional sum of £
further proceedings will be stayed. The money must be paid to the Plaintiff or
his Advocate.

NOTE: Adequate particulars of the demand must be included if an application
for judgment is to be made under Order 2A of the Rules of Court.

If you have difficulty with any of the forms, General Registry staff will assist
you BUT NOT ADVISE YOU.


                      Other leaflets in this series include:
                       What Is Small Claims Arbitration?
                  I’ve Received A Summons – What Do I Do?

                                   Issued by:
                     The Isle of Man Office of Fair Trading
                             Government Buildings
                                  Lord Street
                                    Douglas
                                   IM1 1LE
                                  Tel: 686500

								
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