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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am owed a minimum of £27.000 by a former friend! And I need

Resolved Question:

I am owed a minimum of £27.000 by a former friend! And I need to know if I can use the Sherrifs Office to begin a claim to retrieve all or some of this money?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if you have judgment yet?
Customer:

Hello Alex.

Customer:

No I have not yet received judgement as I was advised to take legal advice first.

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 signed delivery and keep a copy.



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.



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.



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. Over £10,000 as this is and if it is contested then you need representation for trial as there are Court rules and procedures to follow.



Can I clarify anything for you about this today please?

Customer:

www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Customer:

Is the following..... www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf associated in any way with the sheriffs office? Because this is the area that confuses me most.

Alex Watts :

You need to use www.moneyclaim.gov.uk to start a claim or use form N1 and submit it to your local County Court

Customer:

Is the following...... www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf associated with the Sheriffs Office? Because this is the area that confuses me most. Having watched television programs such as " can't pay we'll take it away" I was under the impression that this is what would culminate if I went down this route. I think it is fair to assume that the debtor, in this case, does not have the funds to repay the debt. Thank you very much for your answer previously, very helpful, but clarification in this Sheriffs Office area would be great.

Alex Watts :

You can only go to the Sheriff once you have a Court Judgment.

Alex Watts :

Does that help?

Customer:

Yes indeed, thank you very much.

Customer:

Just one more question. Would it be easier and more efficient, if I were to go through a Solicitor, and let them handle the whole thing? Of course I realise there would be costs involved, and therefore I would not get all my money back, but it would make for an easier life. Or am I a bit misguided?

Alex Watts : I would suggest having a aolicitor if the matter is contested. If not you can just take the steps yourself.
Alex Watts : Does that assist?
Customer:

Yes it does, and thank you very much for all of your help and assistance.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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