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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, me and a friend was part of a money saving thing that

Resolved Question:

Hello, me and a friend was part of a money saving thing that is run by 1 person who collects a set amount of money every month from each person, then gives it to the person who`s turn it is to collect it. Normally this is done between 10 - 12 people with 1 person collecting their money each month. Its based on trust. Now this is the third year I have done it, the previous 2 years there was no problem. But now this time she has not paid the money owed to 2 of us... I have been very patient & I have started my own business. My printers are no longer working & I really need the money, I have maxed out my creadit card and having to turnaway big orders as a result of not being able to afford a new printer. Thats not all it has really delyaed progress of my business, I have had to say no to my son going on holiday with the army cadettes, Christmas was crap etc... what can I do?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

How much are you owed please?

Customer:

I am owed £2600, My Friend is owed £1000. we are both Selfemployed and I am losing out on orders worth a quite a few thousand and forming a bad reputation as not being able to produce work that I had been telling people about. many thanks

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation

Alex Watts :

Can I clarify anything for you about this today please?


 

Customer:

I can show the orders that I have been unable to fullfill due to no money to replace my equipment. The money was meant to help me set up also which I have not been able to do this properly. There was 10 or 11 people doing this and the only one other person I know that was doing like me was my friend who she owes £1000 to...There is no paper record to show how much money we was given her, we have a few texts only...Show how could I show this....Also Would me and my friend have to do this seperatly or could we do it together. Should I show the money that she took from me & my loss of earnings due to not paying it back.. Sorry just want to be clear as I could not really afford this service but dont know what else to do...

Alex Watts :

Yes sadly all you can do is sue.

Alex Watts :

There does not even need to be a written contract.

Alex Watts :

You have others that can show conduct and what was agreed.

Alex Watts :

Therefore you could sue for the debt owed.

Alex Watts :

Does that help?

Customer:

and could I sue for loss of earning`s/work due to the fact she has not given back my money which was for my printing business, and the gold I have had to stick in the porn shop (;-() to help pay my normal household bills

Alex Watts :

Only if that was agreed that the money would be used for this purpose, otherwise sadly not.

Alex Watts :

Can I clarify anything else for you?

Customer:

It was mainly for my business as I did not want to be in debt what so ever...How much does it generally cost to take sommone to the small claims caught? and what about banruptcy? Her sister who was lying to me was telling me that she was goona apply for it, but since then the woman who was controlling it has had her phone put back on line, getting her hair done living quite normally

Customer:

Sorry about the spelling

Alex Watts :

Small claims is only fopr £10,000 or less.

Alex Watts :

But it will cost around £80 to issue the claim

Alex Watts :

And £110 to hear it

Alex Watts :

But if you win those fees are added to the debt

Customer:

& if I win do I get everything that is owed in one go, & they have to pay the court back, or will it be in installments if they dont have all the money to pay at one time?

Alex Watts :

It can be in full or monthly payments

Alex Watts :

The Court will consider any request and order this.

Customer:

So if they dont have all the money right away to pay, I have to wait for the installments which could take a while, & then what happens if they stop paying?

Alex Watts :

You can enforce it by sending in bailiffs, attachment to earnings, charge on property etc

Customer:

What can I do if they she ends up going on holiday etc... after telling the court she cant pay it as she has no money?

Alex Watts :

Then you can ask a Judge to consider that

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

she dose not own any property and the contents of her home would not cover the debt, so if the bailiffs were to empty her place of goods etc... and it did not cover it would it then go on to attachment of earnings or anything else?

Alex Watts :

Bankruptcy

Alex Watts :

Can I clarify anything else?

Customer:

Her sister is already trying to get her to go bankrupt. When some one is already bankrupt, can i still sue them..., how long does bankruptcy last/ how much debt do you have to be in? sorry i dont really understand bankruptcy... She is a single mum of one teeager with a partime job. How can she go Bankrupt?

Alex Watts :

No

Alex Watts :

12 months and all debts included are written off

Alex Watts :

If she has gone bankrupt then you can't claim

Alex Watts :

If she has not gone bankrupt you can claim

Alex Watts :

Does that clarify?

Customer:

So I could go bankrupt then? how can it be so easy to right of debts like that? what happened to taking responsbility for your actions & paying back what is owed. This means that if I was to sue her, win, court tells her to pay me back etc... then she goes bankrupt a month or so after I get nothing? Watch as she takes more holidays and carries on as normall when my business has failed just at the beginning of it? Just want to Clarify the worst case senrio/outcome thanks

Alex Watts :

No - get a CCJ first by taking the process I have outlines above.

Alex Watts :

The worst case the debtor can become bankrupt and you get nothing.

Alex Watts :

That is worse case.

Alex Watts :

But get a CCJ and follow the Court process

Alex Watts :

Does that clarify?

Customer:

I get it, sorry did not mean to sound scarcastic. but how can some one still go on holiday, play bingo and maintain quite good living standards if they are truly bank rupt many thanks

Alex Watts : Well that is a matter between them and the Official Recevier. I can't say how they would live or what arrangements have been made.
Customer:

Thankyou

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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