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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11564
Experience:  30 years as a practising solicitor.
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a tradesman has taken funds from me

Resolved Question:

a tradesman has taken funds from me but none purchased or at the site. he refuses to speak to me. I have found out his address and knocked on his door but even though I knew he was there he didnt answer the door. his wife has emailed me to say that I should no longer visit the property and to instruct a solicitor. I assume I have to go down the small claims court....should I instruct a civil law solicitor to assist?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you question.
This is a small claim matter. The problem is that in a small claim you can't claim costs back so of you instruct a solicitor you will have to pay him or her and you won't get that back. You can do a small claim yourself and the forms are available online to do so. See the HM Courts website.
From what you say you have a very good case and this tradesman has taken your money and has provided nothing. This is almost fraudulent although it is doubtful that the police jwould be interested. You have to raise civil proceedings. Perhaps pay hour or two of a solicitors time to get the case drafted and lodged with the court but you are going to have to consider representing yourself given the sums involved.
I hope this helps.
Please leave a positive response so that I am credited time.
Customer: replied 2 years ago.

what form of "representation" do I have to make. Is an appearance in court necessary parties.how long do these matters normally take to lodge and be heard by the courts? Does it matter in which court/county I lodge this case?

Expert:  JGM replied 2 years ago.
Once the summons is drafted and served the defendant has to acknowledge service and prepare a written defence. After you make your claim he must respond to your claim within 14 days of receiving it.
If you don’t get a response you can ask the court to order them to pay if they don’t respond to your claim.
To do this, you can either:
use Money Claim Online (if you started your claim online) or fill in a request form However you may have to go to a court hearing if the person says they don’t owe you any money or they disagree with the amount
The court will send you a questionnaire asking information on the case. You have to fill this in and return it to the court.
If your case is a small claim - under £10,000 - it may be dealt with using written evidence, without a hearing.
If there is a hearing, you can represent yourself or pay solicitor to represent you or ask someone to speak on your behalf, like your partner or an advice worker - you must get the court’s permission.
Small claims hearings can be held in the judge’s room or a court-room at a county court. The court you use would generally be the one closest to you.
Customer: replied 2 years ago.

I live in London and the tradesman and the property are in Derby would I still use London? When making my claim against the tradesman can I include further expenses incurred outside of the sums already paid to the tradesman ie locksmith in order to gain access to my property as tradesman didnt return my keys; costs of travel to the property etc

Expert:  JGM replied 2 years ago.
Yes you can sue of contract and that includes the items you mention. Jurisdiction would be better to be the court in Derby as that is where the contract took place.
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