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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47641
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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AM OWED £500.00 A DEPOSIT NOT DONE, HAVE BEEN IN CONTACT

Resolved Question:

AM OWED £500.00 A DEPOSIT FOR WORK NOT DONE, HAVE BEEN IN CONTACT BY PHONE OVER LAST 4 WEEKS, TOLD CHEQUE IN POST BUT NOTHING TURNS UP.
WISH TO START LEGAL ACTION THROUGH SMALL CLAIMS COURT, DO I NEEDTO SEND WRITTEN NOTICE GIVING 7 DAY WORNING OF ACTION?
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. Have you threatened court up until now?
Customer: replied 1 year ago.
yes verbaly
Expert:  Ben Jones replied 1 year ago.
Yes you should try and do that. 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. You have already done that so no need to do it again. 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 7-10 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. 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 hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
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