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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46144
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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There, I am looking about security and

Resolved Question:

Hi there, I am looking for information about security and investigation law.
I employed a firm to investigate a commercial tenant who had been behind in the
agreed rent for several years. He had mentioned several years ago that he owned a house and I wanted to find out if it was still in his name.
The firm told me they would give me all details, national insurance no.,date of birth etc
so I could check against the details on contract. However all I got was his name and adress of a house and as I do not now live in UK I can not check for myself.
I was charged £200 for this but the money is not an issue if they had sent what they promised. I have now rang them on 4 occasions and sent an email but have not even received a reply.
Can you recommend a course of action .
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. This is not about security and investigation law (no such laws exist to be honest) and it is really a breach of contract master. You have paid for a service and have not received what you requested or paid for - that is a likely breach of contract. So you would be able to pursue the company for a refund or a reduction in the price you paid.
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. Be informed though that you would need to have a UK address to do this so you may wish to use a correspondence address in the country which you would be able to access.
Whatever correspondence is sent, it is always advisable to keep copies and use tracked 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.
Hello Ben, the main thing I need to clear up is that the companys representative said he would supply all the various information about this guy owning a house or not. Unfortunately I still do not know as there is no date of birth etc. so there is a possibility that the adress he gave me in UK as the tenants adress may in fact be another of the same name. The fact that they are not coming back to me with this basic information does not look good to me. I got this company on the internet but I would be reasonably sure they would have to be registered to advertise their services and thats why i am looking for as much information on the industry as possible.
As far as the guy who rents the property is concerned I will never take him to court or down any legal route as he has been a tenant for over 12 years. Although he owes rent I realise that his business has fallen off for the last 6 years and do not intend to pursue him for back rent. However business has picked up quite a bit for him in the past year or so and I need to get the rent paid back up to where we have agreed on. I intended to use the house as leverage as he had told me he didnt have any spare money and could not afford to pay back rent when I told him that he owed rent for 6 years.
I should have mentioned that the property is in Spain and there was a written contract in place taken out ten years ago. Although we didnt renew it 5 years ago it is still in place under Spanish law once the tenant and landlord remain the same.
I am as I mentioned earlier only concerned about the company and getting what I paid for .The fact that I have nothing in writing from them to say they promised to send as much personal detail on the guy who is registered as owner of a house
is not in my favour but if I am looking for any other facts to throw back to them to at least let them realise that I am not going to be fobbed off lightly.
Thank you for your quick response
Patrick
Expert:  Ben Jones replied 1 year ago.
Hello Patrick, thanks fore the additional information but this is still a simple matter of a breach of contract - they have just not supplied the services they promised you. There is no need to complicate the matter by looking at other options, firstly because they are unlikely to apply and secondly because you will diverge from the main breach here. However, if you wish to explore the company's activities in more details and see if they are licenced or need to have been, then you can get some more informaiotn here: http://www.sia.homeoffice.gov.uk/Pages/licensing-private-investigations.aspx You will see at the bottom there are certain penalties if they were operating unlicenced when they should have been licenced. You could potentially use that as a threat. Hope this clarifies things a bit more
Customer: replied 1 year ago.
Thanks for all your help. Of course I may be complicating it but you, ve given me what I need to know.
Regards
Patrick
Expert:  Ben Jones replied 1 year ago.
You are welcome all the best. 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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46144
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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