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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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UK Small Claims Court...I would like to know the specific processes

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UK Small Claims Court...I would like to know the specific processes and procedures, including which form eg N1, to follow/use with regard to the following claim I would like to pursue:
I am the Chairman of a small UK limited company that requires the ongoing (daily) services of a forex company whereby they receive sterling, into an account we have with them,and send $ to our account at a US bank. It goes without saying that reliability and dependably, particularly timeliness (within 24 hrs/maximum 48hrs) of execution of the sterling/$ trade and receipt of the $ into our account) are a prerequisite to us running a successful business. In March/April we had completed 18 such trades, without any problems with an important UK forex house the subsidiary of a large Australian forex trading house. In the middle of the 19th trade--our largest ever for GBP23,200--the UK forex co notified us that they had closed our account...No other warning, notification or even suspension of the trade until questions about the trade (for money laundering purposes) had been satisfactorily addressed...Initially we were told that the simplest way for us to get our money bank was to ask our bank to recall the transfer. When it became clear that that was not the policy of our bank the UK forex informed us that they would instruct their bank to refund the money but that it would take 5 days. The third party to who we were obligated to transfer the monies immediately went nuts and threatened to sue, report us to goodness knows who, start negative blogs, bankrupt our company etc. To avoid any of this we agreed to pay the third party 10% of the amount of the trade, ie GBP2,300 in compensation and a further GBP1,000 for each day the payment to him was delayed. At the time we had absolutely no thought that the latter was remotely possible. The GBP2,300 was duly paid. All this documented. Bot***** *****ne the repayment was eventually delayed by an extraordinary 11 days. 4 of those were taken up by the Easter weekend but that was of no interest to the third party ( Good Friday isn't even celebrated in the USA) and as far as he was concerned he was without his money!! I eventually agreed a further settlement of GBP2,000 ( a significant reduction of what he would sue for) which was also paid and is documented. I sent a comprehensive official complaint and claim for compensation to the company in question to which they responded in a rather superficial manner saying that they are not responsible for any delays as per their terms and conditions. In my opinion, in this particular instance they are solely responsible for the delay as they closed our account in mid-trade. Furthermore, those responsible for doing so would appear not to have viewed the status of our business together and acted without any due care or attention to the consequences for us of their unilateral action. We had NO reason to believe anything of this nature could happen as we had completed 18 trades without incident. My claim having be summarily dismissed by the company, I now wish to make a claim against them for at least the GBP4,300 paid out in compensation. How do I go about this. I looked online and see that this is possible to launch online but I cannot see a small company making a claim against other company is accommodated via this route as it only appears to offer this service to an individual making a claim against a company. I could turn it into thıs format as I had to the GBP4,300 shortfall from my own pocket as the company could not afford to pay. Your advice on how best to handle this please also knowing that I have a comprehensive dossier, with several exhibits, that I would wish to submit in support of said claim.
Finally, we have a) suffered loss of reputation as others know what happened and b) loss of business not least with the third party, our most important client, whose payment was delayed by 11 days. Is it worthwhile introducing these elements, for say around GBP10,000, into the claim, which clearly I would like to do, or should we stick with what ie GBP4,300 for which we can provide documentation?
Many thanks.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Anyone can use the money claim service, even a company.You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
It is somewhat helpful but......
a) I have already submitted an official complaint and claim for compensation to the other party. They rejected same and referred me to the Financial Ombudsman, route that I do not wish to go down.
b) as I told you I have looked at using moneyclaim but it does not offer a company to company, only an individual to company service
c) does this mean that I should complete an N1 and if so can I attach the document I submitted to the other party plus the subsequent email exchange?
d) you did not answer my question regarding whether I should limit my small claim to the documented ''losses'' which are in fact a compensation paid to our third which I suppose could be termed a loss
e) you did not comment on whether you see any validity in the claim as described.
I had wanted a super detailed answer to my question which is why I put ''low'' in terms of need for a quick response. I had not expected to hear back within an hour.
Are you qualified to give advice on this type of claim? I can find much of what you have told me on Google. I want someone to study what I have written and respond to/comment on the content of said email.
Many thanks.
Customer: replied 1 year ago.
Could you please let me know whether you will take this on for me? I can readily wait until tomorrow for a more considered response..Thanks.
Customer: replied 1 year ago.
Alex when will you be getting back to me?
Expert:  Ash replied 1 year ago.
Yes but I need to know your number! Alex
Customer: replied 1 year ago.
Alex, I have read enough now on the net to understand how an N1 is prepared and filed and the court fee required. I have notified the party against whom I am making the claim that they have 14 days to make payment or I will take this claim to court. I have included amounts for damage to reputation and loss of future business on the basis that the court can strike those out if they do not believe them justified. I have prepared a comprehensive particulars of claim running to 58 pages. I have left nothing out and believe my claim to be convincing. I shall then wait for the court to review my submission and serve the other said. After that either the claim will be contested or judgement/enforcement. I am ready for the former and would be very happy with the latter. I live most of the year at my home in Istanbul so would have to travel to the UK for as court hearing. I don't think those expenses will be recoverable. I don't think a telcon will be necessary at this time unless, of course, you believe you have something to contribute having read and digested what I had previously sent you and reviewed my comments on your initial response of which I was, apologies, perhaps too dismissive. Many thanks.
Expert:  Ash replied 1 year ago.
Happy to help. But if your Particulars are 58 pages, this is FAR too long. It should be the pleading of your claim and not the evidence.Make sure its just a summary. Then when it goes to Court you can supply witness statements which is the meat of your claim.Does that help?Alex
Customer: replied 1 year ago.
Alex, that is MOST helpful and I will change my N1 submission accordingly. Do you think that I should refer in the Particulars of Claim to a comprehensive dossier of evidence has been prepared and can be submitted as and when the Court wishes?
After an answer to that question I would like you to be on standby for future developments. I will ask for you when the time comes. Many thanks.
Expert:  Ash replied 1 year ago.
Sure and I would be happy to help. a PoC would normally not be more than 10 pages. Remember its not evidence just the outline of the claim. Alex

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