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Ben Jones
Ben Jones, UK Lawyer
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Help! Dec 20th 2014 we accepted a quote block paved driveway

Resolved Question:

Help! Dec 20th 2014 we accepted a quote block paved driveway - 3700. We agreed a start date Feb 2nd 2015, variable subject to the provider being able to start sooner.
Since paying the cash deposit of Help! Dec 20th 2014 we accepted a written quote block paved driveway - £3900 (reduced to £3700 upon the purchase of blocks at a price discounted if purchased before the end of the month).
Since paying the cash deposit £400 we have made further payments and services booked.
Mr J Batten of Sutton Home Improvements Unit 1b, Station Road, Sutton in Ashfield, Notts has since – allegedly – sat by his dying grandfather’s bedside in Northampton; sat by his dying father’s bedside in Bournemouth; stayed funeral; suffered food poisoning…
All requests seemed plausible at the time, to the point where we have now paid £1680 over and above the quote “to help him at this most difficult time”.
He is now back in the area and, despite numerous requests, has not made any attempt to repay the money loaned to him.
The original start date was moved forward several times, and still not a lump of the old driveway dug out or a block laid.
My husband suffers from Parkinson’s and the new driveway was to facilitate ease of access .
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. I presume you wish to know how to try an retrieve the money you paid?

Customer:

Yes please

Ben Jones :

ok thanks let me get my response ready please

Customer:

Ok

Ben Jones :

Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts 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 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 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.

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

Customer:

Thank you. We will initiate the proceedings with the letter as suggested in No. 1 and follow through with the rest of your advice. How will we keep you posted?

Customer:

Or do I just rate your response?

Ben Jones :

if you could please rate the first response, then if you want to post an update you can just return to this question and you have the option of adding to it. Thanks

Customer:

Cheers.

Ben Jones :

you are welcome

Ben Jones :

best of luck

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