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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my son was injured in an accident and received compensation

Resolved Question:

my son was injured in an accident and received compensation in excess of £90,000 a family friend said he would invest the money for him until he was ready to buy a property. When my son wanted his money none was forthcoming. He went to the police and they say they cannot do anything because the friend no longer has the money and my son is now left with a disability that means he cannot work and has no money. What if anything, can he do? can he get legal aid because now he has nothing but benefit to live on?
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 :

What reason is the person giving for not returning it please?

Alex Watts :

Was there ever anything in writing regarding the return of investment ?

Customer:

they have so far given no reason, other than to say they are taking legal action to recover debts owed to them by other parties.

Customer:

yes, my son has a written and signed paper regarding the hand over of the money and the reasons.

Alex Watts :

You need to write and set out your losses and request a p[ayment 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.

Alex Watts :

If they do not pay 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. Anything over £10,000 (and I note this is £90,000) you will need representation for any trial.

Alex Watts :

I would issue proceedings and see if the matter is defended. If not then you wont need a lawyer.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

can my son claim legal aid for representation

Alex Watts :

Probably not, because the rules changed

Customer:

thank you

Alex Watts :

Can I clarify anything else for you?

Customer:

no thank you, ***** ***** your time.

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