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Ben Jones
Ben Jones, UK Lawyer
Category: Fraud Examiner
Satisfied Customers: 45351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Myself and friend brought a property from a friend of

Resolved Question:

Hi,
Myself and friend brought a property from a friend of his, this property was in Cyprus we paid him full amount however we have not received the property and we have not had a refund.
What can we do to recover our money from him, we are both in the UK and all payments were paid to him directly. We have the final payment receipt which is on his UK based company headed paper
Submitted: 1 year ago.
Category: Fraud Examiner
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is the person you are pursuing in the UK as well?
Customer: replied 1 year ago.
Yes, He is UK resident
Expert:  Ben Jones replied 1 year ago.
How much are you owed and when did you pay him?
Customer: replied 1 year ago.
Here is timeline of eventsWe originally agreed to purchase a 2 bedroom apartment in your Begonvilla Court development Cyprus for £58,000 in 2009 and gave you a deposit of £10,000 at your Portslade Panel Works business premises. Throughout the development Kristian Meadows subsequently paid additional sums directly to Paul Chambers at the PPW business address.We were made aware that there were some issues with regards ***** ***** of the properties in 2013 by your former business partner Jason Mendelson at this point we had given you £47,000.In early 2014 with full knowledge of the apartments ownership status Paul reassured Kristian and advised him to pay the outstanding balance of £11,000. Kristian visited Paul at PPW and paid him directly £5,000 followed by a final payment of £6,000 on 11/04/2014 which Paul then gave Kristian a receipt on PPW headed paper for full payment of £58,000.Kristian raised concerns with Paul on 8/8/2014 regarding ownership of the property or receiving a refund of the £58,000 given in good faith to Paul Chambers for a property we have not received. Paul assured Kristian there would be no problem getting a refund and we would not be forced to pursue this legally.Kristian has repeatedly requested a refund for our initial investment of £58,000 from both Paul and John which has been met with delay after delay.Additional: in November 2015 Paul agreed to refund 50% of the money and the balance to follow 12 months later should he not have resolved ownership issues once we had it written within a contract. The first draft of the contract we given to him and he has this week retracted that offer and replaced it with he will buy the property back for 50% of the money we have paidalthough neither of us are in possession of the property
Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Does it have to be a physical letter or will an email suffice?
Expert:  Ben Jones replied 1 year ago.
An email is ok too, if possible get a delivery or read receipt
Customer: replied 1 year ago.
This is the final 2 paragraphs of the email i sent 18/08/2015Please respond within 48hrs, if no satisfactory resolution have been reached in this time we will be forced to seek a full refund in addition to loss of rental income for 2 seasons and all costs incurred in recovery, which is something you assured your long term friend would never happen.Had you not been extremely close friends with Kristian for the past 20 years this would have been resolved years agoThis email was not responded to however it did open up communication channels with Paul and Kris which he subsequently backtracked after agreeing a mutually satisfactory resolution
Expert:  Ben Jones replied 1 year ago.
I would still send one final reminder at least and if things remain unresolved after it, take the formal steps of submitting a claim
Ben Jones, UK Lawyer
Category: Fraud Examiner
Satisfied Customers: 45351
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Fraud Examiner Specialists are ready to help you
Customer: replied 1 year ago.
Many thanks for your help and advice
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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