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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47342
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I entered into an agreement on the 12/05/2011 with a company

Customer Question

I entered into an agreement on the 12/05/2011 with a company called Apex Fractional Property Ltd (which has since been dissolved on the 5/5/2015). This amount was £2,995 as a reservation fee on an off plan overseas investment, which i paid for on my credit card. The payment was taken via TTT MONEYCORP as the debiting institution, with the payee details being Apex Overseas limited. I have emails showing Apex Oversea asking for the funds to be paid to them. I have tried to claim from my Credit Card company, but they have rejected it because the full purchase amount is £125,000 and also because Apex Fractional and Apex Overseas are not linked, via their Directors. I made no further payments to them, and have tried to resolve this since with the director of Apex Overseas Ltd, but he has not even acknowledged my letters. What can i do next?
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. Is the credit card company the only option you have pursued so far?
Customer: replied 1 year ago.
Yes other than writing to the director of the company asking why he had received the money and why the company i had signed with had not. Also what link if any the two companies have.
Customer: replied 1 year ago.
Hello Ben,
I have tried to resolve this with the merchant who received my money.
Expert:  Ben Jones replied 1 year ago.
In the circumstances it appears that the small claims court ma be the only option left. You have tried the credit card company, the merchant and also to approach the directors themselves but with no luck. In the circumstances you may have to consider moving things along more formally and that would require you to issue a claim in the small claims court. At least then if you win you can obtain a county court judgment which you can then try and enforce against the parties. Whilst nothing would guarantee that you get your money back, at least this would give you an official and legally binding option you can try and enforce and give you somewhat of a fighting chance to get something back. This is your basic legal position. I have more detailed advice for you in terms of the specific steps you must now follow to try and take the atter 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, there I no extra cost and 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.
Hi Ben,
have left an excellent service response with a tip as well.
Do i place the Director of the company or the company itself on the small claims court claim.
Expert:  Ben Jones replied 1 year ago.
Many thanks. Whenever a dispute arises over money owed by one party to another, the debtor (in this case the company, not the director) 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.