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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We sold a holiday lodge in the Lake District on 11th August,

Resolved Question:

We sold a holiday lodge in the Lake District on 11th August, and the site contract says the managing holiday park would pay us within 21 days (it does not specify working days). The client who bought the lodge paid in full on 8th August. Having queried why the £111,000 the site owes us has not been paid into our account, I am not receiving any satisfactory answers. There are no outstanding invoices to be settled and we have already paid them 7.5% + VAT for handling the sale. We have no lodge and no money. Do we have any right to charge interest on the outstanding amount?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Are they just refusing to pay or saying it is 21 working days please?

Customer:

The Manager will not speak to me, either by phone or email, & I visited the site this morning to try and see him (he was not there, apparently). The contract only says that they will pay within 21 days. Although it is not long overdue, it is a significant sum of money to us.

Customer:

I am assuming that I will receive a response by email now that I have paid my £30 for advice and you are offline?

Alex Watts :

You need to write and set out your losses and request a refund 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 refund you 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 :

If its over £10,000 you would need representation for the trial. But I suspect as soon as you issue proceedings they will pay.

Alex Watts :

Dont forget in the letter to say you are claiming 8% interest (Court rate) from the date it became due to you.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No, that's great. Thank you. I will contact them immediately to let them know that I will take this further and suspect they will pay fairly promptly!

Alex Watts :

I think they will too

Alex Watts :

Is there anything else I can help with today?

Customer:

No. Thanks Alex.

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

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Customer:

Yes, certainly.

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