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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I PAID A MECHANIC TO DO WORK ON MY HORSE BOX COSTING £2300

Resolved Question:

I PAID A MECHANIC TO DO WORK ON MY HORSE BOX COSTING £2300 HE HAS TAKEN MY MONEY BUT HAS NOT DONE THE WORK AND IS REFUSING TO EITHER COMPLETE THE WORK NOR PAY BACK THE MONEY.........PLEASE CAN YOU ADVICE ME ON WHAT I CAN DO
MANY THANKS
JESS
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. Could you advise how you paid please?Has he given any reason for his position?Did you pay him personally or his limited company?Do you believe he is solvent?Does he still have your horse box?
Customer: replied 1 year ago.

I PAID BY BANK TRANSFER

NO REASON GIVEN

HE IS NOT A LIMITED COMPANY, I PAID HIM DIRECT TO HIS PERSONAL BANK ACCOUNT

YES I BELIEVE HE IS SOLVENT

NO HE HAS RETURNED THE HORSE BOX - WITHOUT WORK DONE I AM THEREFORE NOW HAVING TO PAY SOMEBODY ELSE TO DO THE WORK AND GET IT THROUGH ITS MOT (WHICH WAS WHAT HE HAD AGREED TO DO FOR THE £2300)

Expert:  Joshua replied 1 year ago.
Thank you. Based upon what you say the indivudual is in breach of contract on the basis he has failed to provide "consideration" for the money you paid him. Considration in law is something you give in return for money - here it would be the work to the horse box. If he does not provide consideration he is in breach of contract. Accordingly you have a right to the money being returned and can achieve this in one of two principal ways if he refuses to do so voluntarily following a written request. You can issue proceedings in the county court for the return of the money and ask for summary judgement on the basis there is no defence available to him. This removes the need for a hearing. if the judge is satisfied based on any evidence you can supply that there is no available defence available to the individual event summary judgement should be granted in this case and from there, you can proceed to enforce the judgement against the individual by for example using bailiffs, deductions from earnings, taking a charging order out against the property he owns and so on. You can issue proceedings using the below link and complained that court fees, interested 8% per annum and any costs associated with your attending any hearing.https://www.moneyclaim.gov.uk/web/mcol/welcome Te alternative to the above for which you could pursue at the same time is by serving something known as a statutory notice on the individual. This costs no money and is a formal warning that unless he makes payment in full or formally applies to the court to attempt to set aside the statutory demand where he will need to convince a judge that he does not owe the money demanded to do so, he may be made bankrupt. If you fail to do either of the above, after 21 days you can apply to make him bankrupt there is no requirement that you do so. Statutory demands can be a powerful weapon to convince unwilling creditors to pay what is owed without the need for court action.The form you need can be found below and should be sent by recorded delivery or delivered personally. Normal post will not suffice.https://www.gov.uk/government/publications/statutory-demand-debt-for-liquidated-sum-payable-immediately-form-61 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 I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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