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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47337
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am trying to get a refund from a Car Salvage Company,

Resolved Question:

Hi I am trying to get a refund from a Car Salvage Company, they owe me £410 from an order that i cancelled in August, they emailed me on Sept 4th to say my refund would be processed but as yet I have not had the money repaid into my account, phone calls do not seem to work with this company, how should i proceed,
Peter XXX
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Are they still trading?
Customer: replied 1 year ago.
yes they still are trading, their website is www.autosparesworldltd.co.uk
Customer: replied 1 year ago.
I ordered a replacement gearbox in mid August, they advised that delivery would be in 48hrs, it was not despatched i was then given excuses which included IT failure preventing orders being shipped and then being informed their was a problem with the engine mount when removing the gearbox. I had my car at a repairer awaiting the gearbox to do the job, after a week and no delivery I rang to cancel the order which they accepted and to date they have still not repaid the £410
Customer: replied 1 year ago.
Hi Ben are you still there?
Expert:  Ben Jones replied 1 year ago.
Sorry I lost my connection earlier. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Hi Ben thanks for your help on this matter, I have paid for this advice can i add the money i have paid to the outstanding debt of £410
Expert:  Ben Jones replied 1 year ago.
Generally no, this is a matter that would go in the small claims court and there any legal costs are the the responsibility of each party, so you can only get back what you are owed and if you win - also claim back the court fees and claim fees. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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