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Hello my name is ***** ***** I will help you with this.
For now please let me know if you know where this person lives?
yes I have his address
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.
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.
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. More than £10,000 you would need representation at trial as there is a formal Court process and rules to follow. But if you win then you can claim these costs back
Can I clarify anything for you about this today please?
I have paid well over £10,000 , as stated in my question previous , Iam based in Ireland and not the UK , What about the law firm? what about him stating he will just close the company once court proceeding are issued?
Even though you are in Ireland you can still issue in the UK.
As for the law firm if it has been closed then you may have a claim against the Law Society or SRA
But you could potentially seek a claim against the SRA compensation fund if you have lost money.
Their website is: www.sra.org.uk
Does that clarify?
What about him stating he will just close the company and walk away?
You could seek an order to pierce the corporate veil and go after him personally if you can show some fraud went on
Are you saying if he close's the company then he gets away with it ?
No, if he closes the Company you can sue him personally.
Especially its fraud.
Am I better to sue him personally first as it is fraud? as he will just close the company anyway?
You could sue both, it does not cost any extra
what do you think the cost would be involved regarding this ? also can you recomend and law firms that will take it on as I am finding it hard to get anyone
That depends, if you do it yourself the Court fees will be around £1200 or so.
If you use a Solicitor it could cost another £5000 on top of that at least.
But if you win you can ask the Judge for costs
Am i best to lodge the case in the same court where he lives and operates ? this man continues to operate as we speak and has several companies set up how can I stop him operating now ?
It will be transferred locally wherever you issue it.
You can't stop him operating now, only the authorities can do that sadly.
He says that he was scammed also even though he new about it over a year ago and never told his clients , I fond out my self it was a fraud through investigation , I have confirmation from the bank that was surposed to transfer the loan funds to hilton legal that they have no account number of client of that name , I have confimation that the insurance company does not exist , Ian Mackrell is surposed to be a ex banker yet he did not know any of this??? them money is gone and states he has no money can I get personal judments against his personal assets ?
Yes if you get Judgment against him then you can get a charge on his assets, send in bailiffs, make him bankrupt etc.
But one step at a time - you need Judgment first.
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