BetButler Small Claims Court \ Legal Action
Interested to know how many people have gone down the small claims court route against BetButler. If you have just wondering the outcome. Were you successful, did they pay up before it went to court or did they ignore it and you not receive anything.
I have started a small claim against them for £2000 a few days ago. They have 14 days to respond to the claim. My feeling is it could be a waste of time as you can't get money from someone who doesn't have money and my personal opinion is they are going under and maybe bust before they get the court order but just interested if other people have had any experiences of this.
Nobody has done this or has any opinion on it?
I think there were a few people on the complaints thread that mentioned court but I'm not sure if any of them were regular members of TGT (ie they might not read your posts), maybe try searching that thread for 'court'.
Generally, at this point in time I think you'd have a good chance of getting paid out if you threatened them with court action, more so than 1-2 months ago when it looked like they might fold. At that point it didn't seem worthwhile pursuing them in court because it appeared they were, for all intents and purposes, insolvent, and so would have probably just ignored any court threats or judgment made by a court (ie no point in them paying out if they were about to go under, even if it's by a court order).
However, since then / in the last month or so, they've picked up the rate of payouts significantly which suggests their intention is to continue as a viable business, so court action would probably be something they would want to avoid at all costs, especially since they've apparently worked so hard to avoid going under.
Thanks for the info that is great to get somebody's perspective on it.
As you say I think I will get paid if they are trying to make the business work as CCJ's will harm their credit ratings. I am just hoping that they can genuinely turn things around and make the business work as I would use them in future if they start showing some trust. Only had to go down the small claims route so far as their actions have left me very nervy.
I think you said as much at the end of the complaints thread re liquidation...
Originally Posted by Amoore70
I don't think they're about to go into liquidation (but what do I know... all I do know is they seem to have put quite a bit of effort into staying liquid already) ... so it might be worth pursuing court action (or at least a. threatening it and then b. if no joy within 2 weeks or so, actually file a claim, at which point hopefully they'll settle to avoid it going further.
Way too impatient in my opinion. Even the oldest payment is under a month !! The other 4 are only two weeks old, or less. Not even sure a court would would make a judgement on debts this recent. I waited two months for my payments, and got fully paid in the end, as many people have, judging by the list. Im sure there are others still waiting, of course. But you have to wait a reasonable period of time before resorting to legal action
Beating Bookies since March 2006
Well normally I would have waited longer but the signs are not good and they have given me no indication of when they will pay out. So this is why I have taken the action I have. Legally the time is not going to make any difference. I gave them a warning that I would take legal action if the debt is not paid within 7 days and they have not done anything to rectify it. Do you also realise it takes months before the case will get to court. If they payout in that time then I will cancel the claim and lose £105 which is a lot better than lose £2000.
I think you will get paid, probably not all at once though. Just seems a shame to lose £105.00. I would have waited a bit longer, but its your money and your call.
Beating Bookies since March 2006
I was told it was 28 days before. But I dont know if that is still true or even if it was true then but thats what I was been told and use as a rule of thumb.
Originally Posted by Fender
Have a plan and stick to it
There is general court protocol you're supposed to follow no matter whether your claim is assigned to the small claims track or otherwise - Pre Action Protocol. It's all in the CPR / Court Procedure Rules:
Pre-Action Protocols - Civil Procedure Rules
The gist of it is you're supposed to do absolutely everything possible to resolve the claim out of court - court action is an absolute last resort - and if it can be proved you haven't done everything possible then that might go against you when the case is heard. Part of all of that / PAP is giving the other side enough reasonable time to respond / pay you what you're due. I don't think 7 days is enough to be honest, 14 or 28 days is probably more suitable?
So basically explain to them in a 'letter before action' that you intend to pursue the case in court if you haven't been paid by xyz date, then if that deadline comes and goes then go for it and file the claim.
Mind you not that I've ever even filed a claim myself... it is very confusing in many ways re what constitutes acceptable 'pre action protocol'... ie how reasonable is 'reasonable', all seems to be very subjective, how long is a piece of string? I imagine being confident in your claim is probably just as important as following PAP to the letter, especially in the case of the small claims track where more leeway is given to the individual.
The other thing to consider is that if they really wanted to play hardball / be arsey about it, then Betbutler could just refuse to pay up even if it goes through to a judgment in your favour (ie is heard in full in a court and then they lose), in which case I think you'd have to go back to court again to actually get the judgment recorded (it won't show up as a 'black mark' otherwise?).... and then you'd need to pay someone else to actually enforce the judgment (ie bailiffs?). Again, all kind of sketchy knowledge that may or may not be true! But the point is if they wanted to then they could see court action as pernicious enough for them to drag their heels and force you to spend the absolute maximum possible to get your cash back (expenses which in turn you can claim back in theory but in reality you will lose out).
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