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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47413
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi Someone owes me £1500 Actually they asked me to pay their daughter's fee to Univer

Resolved Question:

Hi Someone owes me £1500 Actually they asked me to pay their daughter's fee to University of London and I will be paid back in two weeks. now its more than a year. I have sent many email reminders but never heard.
They do have a property in England but I heard they are not in the country at present.
I have tried to consult legal advice but apparently solicitors aren't interested because of a small claim.
I want to know how can I serve them a written notice that I am taking a legal action against them and whether an email notice is accepted in the courts?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you actually have an address for them or just an email address?

Customer: I do know their UK address they own that property, they are british and currently working in Saudi arabia and don't have their Saudi address!
Ben Jones :

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. You are fere to use email correspondence if that is the only means of communication you have with them

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Thank you sir for your prompt response, just a last bit of questions that can I add any interest or admin charges etc. to the balance and mention in the "letter before action" and also should I claim against daughter, Father and mother because my first contact was the mother or should I just claim the father who initially requested to pay daughter's tuition fee?

Ben Jones :

what admin charges have you incurred?

Customer:

I searched his property from land records, He is a director of limited company, company house records, and some legal fee I have paid online etc.

Customer:

I also paid tution fees using my credit card and transferred balance to another card and paid 3% balance transfer fee

Ben Jones :

I'm afraid these will be fees that you will find hard to recover, it does not stop you adding them to the overall claim but when the court decides on what is owed then be aware that they could just order the actual money that is owed to be returned without these extra costs - but do include them if you want, it will not make a difference. You can also only claim against the person who you had the agreement with at the beginning, so the father, you cannot include others if they were not part to the original arrangement

Ben Jones :

Hope this clarifies your position?

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