How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have debtor who is owing me since last 7 months. He

Customer Question

HI
I have debtor who is owing me since last 7 months. He is disputing the amount. The details are as under.
1. I had sent number of times justifications and calculations.
2. He never responded. I left voice mails as well but he never reply.
3. One day I visited his shop and he became very aggressive, to discuss issue face to face.I thought that it would be good to explain him calculation in face to face meeting.
4. My colleague was with me.He asked him to go out of his shop as he has nothing to do with this matter. My colleague left immediately,as we do not want to create any unwanted situation.
5. He had a recorded CCTV video which an show that neither myself nor my colleague became aggressive with him and had been very polite and calm all the time.
I have also recorded all conversation on my phone. I recorded that conversation with his permission.
6. Yesterday I sent him another email and he replied me first time. He is accusing me for threatening and harassing him.
7. He is also claiming that I can not visit him according to UK Law as we have disputed matter between us.
8. He has threatened that he is going to file a case against me for harassment.
In future , if I visited him then he will call police.
Is it true that as per UK Law , I can not visit his shop. It is a serious crime.
My question that if I do not visit him then how can I discuss that issue as he does not respond my mails and voice mails
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I wouldn't say it was a serious crime but it could amount to some offences.
There isn't any point really in discussing it with him. However well you make the point he isn't going to agree with you.
Just send him one letter demanding payment within fourteen days and making clear that in default you will sue and then if he does not issue against him here
www.moneyclaim.gov.uk
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I am sorry to say that I am highly unsatisfied with the answer. I could not find any answer of my question. I once again repeat my question , here.



  1. Is it criminal offence to visit a debtor to discuss issue with him face to face once he is not responding to any available means used( Postal service, voice mails, text messages, and e mails.)

  2. Can you please quote me or give a reference to law which stops me visiting that debtor.

  3. How could it amount to some offences once CCTV is recording every thing and I am also going to have audio recording of that conversation that I have not harass the debtor in my conversation.

Expert:  Jo C. replied 2 years ago.
Thanks but if you are displeased then I'm afraid I will not be able to continue.
All the best.
Customer: replied 2 years ago.
Relist: Answer quality.
HI
I have debtor who is owing me since last 7 months. He is disputing the amount. The details are as under.
1. I had sent number of times justifications and calculations.
2. He never responded. I left voice mails as well but he never reply.
3. One day I visited his shop and he became very aggressive, to discuss issue face to face.I thought that it would be good to explain him calculation in face to face meeting.
4. My colleague was with me.He asked him to go out of his shop as he has nothing to do with this matter. My colleague left immediately,as we do not want to create any unwanted situation.
5. He had a recorded CCTV video which an show that neither myself nor my colleague became aggressive with him and had been very polite and calm all the time.
I have also recorded all conversation on my phone. I recorded that conversation with his permission.
6. Yesterday I sent him another email and he replied me first time. He is accusing me for threatening and harassing him.
7. He is also claiming that I can not visit him according to UK Law as we have disputed matter between us.
8. He has threatened that he is going to file a case against me for harassment.
In future , if I visited him then he will call police.
Is it criminal offence to visit a debtor to discuss issue with him face to face once he is not responding to any available means used( Postal service, voice mails, text messages, and e mails.)
Can you please quote me or give a reference to law which stops me visiting that debtor.
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
No, it is not a criminal offence to visit a debtor and discuss face to face, but if he asks you to leave, you MUST. If you don;'t then it can become a criminal offence.
You need to write and set out your losses and request a payment 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 pay 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.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  Ash replied 2 years ago.
What else would you like to know?