How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I recently signed an agreement with an online Brokerage and

Customer Question

I recently signed an agreement with an online Brokerage and last week issued notice to terminate the agreement with immediate effect. This notice was accompanied by an instruction to suspend the account and transfer the balance to my bank account. The company is refusing to acknowledge the termination notice and continued to trade on my account on Friday. They are also refusing to transfer the balance of the account to my bank as provided for under the terms and conditions of the agreement. Please advise me on the best course of action to recover the funds. Thank you.
Submitted: 6 months ago.
Category: Law
Expert:  Ash replied 6 months ago.
Hello my name is ***** ***** I will help you.On what basis do they refuse to accept termination please?Alex
Customer: replied 6 months ago.
I have asked that question but they have not responded. This is their tactic. They simply refuse to acknowledge the clause in the agreement and that I have the right to terminate.
Expert:  Ash replied 6 months ago.
Where are they based? How much are you owed?
Customer: replied 6 months ago.
They are based on Leeds and according to the agreement I am entitled to the balance on the account when the agreement was terminated. I took a screen shot of the account balance which was approximately 34,000 GBP
Expert:  Ash replied 6 months ago.
You need to write and set out your losses and request a refund 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 refund 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/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.When you issue a claim then its likely to be resolved.Can I clarify anything for you about this today please?Alex
Customer: replied 6 months ago.
Thank you. What kind of representation would I require? Solicitor or Lawyer?
Expert:  Ash replied 6 months ago.
Lawyer is a generic term - its just a Solicitor who may instruct a Barrister (recommended)Does that clarify?ALex
Customer: replied 6 months ago.
Kind of. MCOL is asking me to pay court fees in advance to be charged to my credit card. There is no explanation as to why this is required now and whether or not this will be recovered as part of the claim, which I presume would be the case. If the claim is unsuccessful I presume I would lose that money.?
Expert:  Ash replied 6 months ago.
The Court ALWAYS charges a fee to issue the case and the hear the case. These fees are payable regardless of whether you win or lose.If you win, then yes you cant recover these Court fees. If you win then the fees become part of the claim and can be recovered.Does that clarify?Alex

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice