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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex I have an Ex Pat English client who lives in Italy.

Resolved Question:

Hi Alex I have an Ex Pat English client who lives in Italy. As far as Im aware he does not have property in the UK but does in Italy. He has knocked me for £7,500. I'd like him seriously messed with which may not be your dept! Anyway, I have found some very flash firm of international lawyers in London who do debt collection in Italy and a very nice sounding "Carlos" would like £250 plus vat to write a letter. Have I got much option than pay Carlos? Or is there some EPO thing?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi Thank you for your question and welcome. Do you know whether this client has any assets in the UK? How has the debt arisen?

Customer:

To the best of my knowldge

Customer:

To the best of my knowledge "no". I made a claim for him in respect of a pension matter and 50K was paid into his wife's account. Which is a Barclays account in the UK. But it's not a "joint account".

Alex J. :

Hi, Thank you. Did you ever send an invoice to this individual?

Customer:

Yup. On the 14/1/15. By email and post. He has however stopped responding to emails and his land line is "N U". He may have absconded from the address but I doubt itt

Alex J. :

Was the invoice addressed to a UK address?

Customer:

No - to Italian address. All contracts correspondence everything was to his address in Italy. The only UK connection I have is his wife's bank account details. He has written a statement in open correspondence before this dispute that he does not have a bank account in the UK and I no reason to disbelieve that.

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know whether you invoiced a UK address?
Customer: replied 2 years ago.

Alex - I cannot read your reply anywhere? Did you send me something else?

Expert:  Ash replied 2 years ago.
I asked: For now please let me know whether you invoiced a UK address?
Customer: replied 2 years ago.

I think some of this link has gone missing! I have answered this. I invoiced the address in Italy. Everything is with the Italian address he instructed me from Italy. The only connection to the UK is a bank account in his wife's name. It is not a joint account.

Expert:  Ash replied 2 years ago.
How much is in dispute?
Customer: replied 2 years ago.

£7,500

Expert:  Ash replied 2 years ago.
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.
It may be MCOL only lets you issue UK claims in which case you will have to go to Court to file the claim.
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. You can get a European Enforcement Order.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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