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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am looking to get my consultation fee back from consulat

Customer Question

i am looking to get my consultation fee back from consulatant
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.
Expert:  Ben Jones replied 1 year ago.
Please tell me why you are requesting your fee back, and whether you signed a contract.
Customer: replied 1 year ago.
Hi, I have paid to a recruitment consultant £5000 in october through bank transfer. The fee includes £3800 visa fee, £600 NHS surcharge and £800 his fee. i have paid him in 3 installments.He couldent able to find me a suitable employer and so that reason i didnt applied for visa. As my visa expired on 15th april 2016, i have asked him to pay me back.He gave me a check of £5000. As i was fly back on 13th april 2016, i asked him to put a check on my friend name and i have also taken a letter mentioning that he will going to give a check on my friends name on behalf of me.he gave me a check on my friends name but the check was bounce. I called him so many times but he is keep saying tomorrow and tomorrow.I have all the following evidence:
1. all his emails whether he clearly mentioned he will refund me back
2. online bank transfer whether i have written refundable visa fee as a reference
3. bounce check
4. all his text messagesi would like to ask whats the procedure to deal with it legally and also i want to take interest on my amount and time wasted by himthanks
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 1 year ago.
Also,I have also have same situation with the car dealer. I had very less time to come back to india due to the visa status. i have given the car to the dealer for sell from whom i bought the car.I have also take a letter regarding this. now he sold a car and he didnt give my money. they all do this because they know i am not in uk and they can waste my time
Customer: replied 1 year ago.
hi, i didnt get response but i received email from just answer
Expert:  Ben Jones replied 1 year ago.
Hi, I was just asking if you are in the UK at present or if you are likely to be in the future?
Customer: replied 1 year ago.
i am not in uk and i come to india forever
Expert:  Ben Jones replied 1 year ago.
Do you have anyone in the UK who you can use as a correspondence address?
Customer: replied 1 year ago.
i have my brother in UK
Expert:  Ben Jones replied 1 year ago.
Ok well if they refuse to refund you the fees then the only way to try and pursue it would be through court. The issue is that if you are not in the UK it may not be easy to pursue such a claim. You need to be a UK resident to make a claim in the court, but you can get around that by using a UK correspondence address where all court-related documents can be sent to. So you can manage the claim with the help of your brother but when it comes to the actual hearing then you will have to attend in person. So this may create issues where the claim may not be able to proceed without you being there. So you may have to return for the hearing but that should hopefully be the only time you have to return in relation to this. Once you obtain judgment you will have various options to enforce the judgment and pursue the person for the amount owed. They will have a county court judgment against them and you can use thigs such as bailiffs, etc to try and get the money you are owed. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow in order to begin the claims process, 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
Customer: replied 1 year ago.
Can my brother make a small case against him as the check on his name? And the check bounce
Expert:  Ben Jones replied 1 year ago.
No, there would be no contract between your brother and the consultant, this is a matter between you and them
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
Customer: replied 1 year ago.
hi, i need to know whether i can take interest from him and all the legal cost from him? also if i have to come to uk can i claim travel cost as well....i have already made a online application for small claim, can i update this to ask for interest and legal costs?
Expert:  Ben Jones replied 1 year ago.
These are follow up questions which I would be happy to deal with following your rating, thank you
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. If you win your case then you will be able to claim back the costs of the claim and the hearing fee, however if you used a lawyer or sought other legal advice you cannot claim these fees back. There is no need to amend the claim form to include this, it is done automatically at the end of the claims process if you win. As to interest, you can charge that, information on how much you can charge and how to calculate it is here: https://www.gov.uk/make-court-claim-for-money/work-out-interest You should have out this on the claim form, if you did not then you can ask the court for permission to update the claim form and include that.
Customer: replied 1 year ago.
hi, I have receiced a letter from court, the defendent agree to pay part of the claim. but i have his letter and bounce check that he mantioned he will pat the full amount.
Customer: replied 1 year ago.
i have attached a letter, please guide me further
thanks
Customer: replied 1 year ago.
please see the attached court acknowledgement letter
Expert:  Ben Jones replied 1 year ago.
Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks