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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48194
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I paid two students £300 to set up a website shop. At

Customer Question

I paid two students £300 to set up a website for my shop. At first all was great but they left the retail centre where my shop is, after falling out with the owners. Since then I have asked for the site and been fobbed off. Now I have been told that they deleted the website. Is there anything I can do??
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you have ways of contacting them through a physical address?
Customer: replied 1 year ago.
I have contacted them via email and Facebook but I think I can get hold of an address.
Customer: replied 1 year ago.
What do you recommend?
Expert:  Ben Jones replied 1 year ago.
Well you are able to consider taking the matter further because you have paid for a service which they have not supplied. So you should be due your money back for sure. The issue is how you go about it. Legally you have the right to go to the small claims court but you need to consider whether it is worth it for £300. People go for even smaller amounts but it is up to you if you want to waste more time and money to pursue this. It is your right to make a claim if you wanted to though. What you could try instead is to make clear attempts to communicate them and make it very clear that court will be your next step if no payment is made within a specified period. You may even go as far as making the claim to send them a message that you are taking this seriously. These steps could prompt them to reconsider their position and just give you the money back to avoid having to deal with you further. This is your basic legal position. I have more detailed advice for you in terms of the steps yu need to follow should you decide to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
If I go small claims I am guessing I still might not get the money?
Expert:  Ben Jones replied 1 year ago.
That is correct I’m afraid – they can still try and avoid paying and it would be for you to try and use different enforcement methods to get our money but the costs could soon rack up and for a total debt of £300 it may not be worth it. So you will need to decide if you are willing to go as far for just £300. But I will give you the information anyway. 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.