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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25410
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Joshua, In relation to my last question, would you be

Customer Question

Hi Joshua,
In relation to my last question, would you be able to provide a brief paragraph I could write as pre-pre action to the builder who is refusing to return our funds. It is clear they are in the wrong and realise this but taking advantage of our limited size as an RTM to force us to sign off the work. it is clear from reading contract and history that the original amount of 330K was since agreed by both parties to 300K and the final 2.5% is due in July.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Certainly. You could adapt the following:Dear SirsRE [Reference]We write further to previous correspondence and are disappointed to note that we still await return of funds which are being held by you as you have acknowledged as a result of an error on the part of our [party in error (surveyor?].As you are aware, we consider that your continued delay in return of these funds to which you are not entitled amounts to breach of contract and may amount to theft as defined by s1 Theft Act and accordingly we cannot allow the position to persist any longer.Accordingly we give you notice that unless funds are returned to [specifify party and accont for return] by [date - consider 7 days or more] we reserve our right to issue a statutory demand for the return of funds and to commence a winding up petition and/or issue a claim in the county court together with costs and interest as provided for by s69 County Courts Act. Yours faithfully[Company] Ltd I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Customer: replied 2 years ago.

That looks perfect. Many Thanks for quick response!

Customer: replied 2 years ago.

Hi Joshua, looking for the button to rate your reply and it is not there! I will have a look in a bit to see if it appears then. Many thanks. Maybe you were to quick?!

Expert:  Joshua replied 2 years ago.
Thank you for trying to rate. I have resent the rating option - hopefully it is not available?
Joshua and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Wow, 1 year on and hundreds of emails - 20 minutes after sending that message to the company holding our cash they responded that they have authorised for the funds to be immediately returned (with a little extra explaining why they are happy to do so now). Thanks again!

Expert:  Joshua replied 2 years ago.
I aim to please! No seriously that is great news. Well done.