How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Fraud Examiner
Satisfied Customers: 45333
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Fraud Examiner Question Here...
Ben Jones is online now

I have received an email from action fraud saying that they

Resolved Question:

I have received an email from action fraud saying that they cannot pursue my case. I have emails that prove categorically that an on line publisher has taken my £400 without anything in return. He actually admits that he owes me the money, surely there should be way that I can have money refunded. Can I take him to the small claims court?
Submitted: 7 months ago.
Category: Fraud Examiner
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 7 months ago.

When did you pay the money?

Customer: replied 7 months ago.
Last September 2015
Customer: replied 7 months ago.
I am using my tablet. To send the files I need to transfer to my computer.
Customer: replied 7 months ago.
Can you send the email then I can transfer to my computer?
Expert:  Ben Jones replied 7 months ago.

Hi there, no need to send the files over. The reason AF may have decided they cannot help is if they see this as a civil matter, which it most likely is. So in the circumstances it is indeed possible to pursue the matter through the small claims court as this is a breach of contract issue more than anything else. The debt is well within time to be pursued through the courts so if you wanted to go down that route you may do so.

This is your basic legal position. I have more detailed advice for you in terms of the steps yu need to follow in order to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 7 months ago.
5 star please.
Expert:  Ben Jones replied 7 months 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.

Customer: replied 7 months ago.
Thank you. I shall proceed with your advice.
Expert:  Ben Jones replied 7 months ago.

You are welcome, best of luck.

Ben Jones, UK Lawyer
Category: Fraud Examiner
Satisfied Customers: 45333
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Fraud Examiner Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
< Previous | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I Couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    1505
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    1505
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/ZO/ZoeyJD/2014-6-19_11019_14.64x64.jpg Zoey, JD's Avatar

    Zoey, JD

    Criminal lawyer

    Satisfied Customers:

    162
    Active member of the NYS bar since 1989
  • /img/opt/shirt.png Laurie Palace's Avatar

    Laurie Palace

    Consultant

    Satisfied Customers:

    157
    30 years of experience as an Insurance SIU investigator.
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
 
 
 

Related Fraud Examiner Questions