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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48176
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have worked on behalf of a Solicitor in Legal Aid Matters.

Resolved Question:

I have worked on behalf of a Solicitor in Legal Aid Matters. We have not been paid.
How do we deal with this
Sue Parks
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Were you an employee or did you work on a self employed basis? Also how much are you owed?

Please note I am in tribunal today so may not be able to respond immediately but will do so this afternoon as soon as I can, thanks

Customer:

Hi Ben my company SBS Investigations Limited were employed as Process Servers for the company. They owe us over £8,000 and have done for some time. Our 1st invoice was 23.9.2013, we have received 4cheques from them and 1 bounce. We have sent them 7 day letter before action, they responded on the 7th day admitted full liability and offered £500.00 per month starting on 28th July 2014. We responded by staying as we had already waited over 10 months for payments as we had spoken to them on a regular basis and had not received payments we felt that a further 17 months was not acceptable. We therefore sent them a letter asking for £1,000 per month. We have since discovered that they are in fact in deficit.

Ben Jones :

Thanks for your patience., Do you believe that they will be able to afford paying you the full amount or is the most likely outcome a periodic repayment?

Customer:

probably periodic repayments. However I do not know if the Legal Aid Board know that they have not paid us.

Ben Jones :

Regardless of their status as a charity, 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, and whilst I understand that you have already followed some of them, it is useful to reiterate your position in this matter:



  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.

Also consider whether you will get an improved offer by going to court. You may win but you may not necessarily be able to force them to pay at once and you could still end up with just periodic repayments. So think about these relevant factors before deciding on how to proceed.

Customer:

Thanks Ben.

Customer:

Have you any idea of who we could contact at the Legal Aid Board to bring this matter to their attention.

Customer:

if you do Ben could you please email the details on *****@******.***

Customer:

Thanks Again for your assistance.

Customer:

I would rate Ben very highly

Ben Jones :

Hi, unfortunately I am not directly familiar with the structure of the Legal Aid Agency so I cannot advise on who you need to contact but the complaints page about them could help and you could at least get in touch with them to see if they can point you in the right direction:

https://www.justice.gov.uk/complaints/laa

Hope this helps







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