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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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The the mortgage agent cheated us pounds .he paid 1300 in

Customer Question

Hi the the mortgage agent cheated us for 6000 pounds .he paid 1300 in 7300 pounds rest he is not paying he said no money its beeng for 33years now.We send lawyers notice he lyies only 1000 balance to be paid to us wat action we can take?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Sorry*a correction it's since 3 years not 33 years
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
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. if the agent genuinely owes you money and you have proof to show that this is the case, you can consider making a claim in the small claims court to pursue them for what you are due. There is a 6 year time limit for making the claim so as this happened 3 years ago you are still going to be within time to make the claim. If you are after £6,000 then the costs for making the claim will be:

  • £410 to make the claim
  • £335 hearing fee

If you are successful you could try and recover those fees from the other side.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take the matter 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

Customer: replied 1 year ago.
Ya as a proof we have bank statements money transactions.other than we don't have anything
Expert:  Ben Jones replied 1 year ago.

that will all help, it is all evidence which can assist your case. Following your rating I can discuss the next steps you can take to progress matters further, thanks

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.

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi I have another person borrowd two thousand it's been two years he is hiding.we couldn't find him we have a letter signed from him and bank statements as a proof so how u r gonna handle this case when someone one is dissapear.?should we go to police?
Expert:  Ben Jones replied 1 year ago.

Thank you. Whenever a dispute arises over money owed by one party to another, the debtor 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.

If someone has disappeared then you are able to serve the documents to their last known address, or if you know they are not there and will not get them you may have to get a private investigator to try and trace them – this should not be too difficult for them or cost too much.

Customer: replied 1 year ago.
Thank u very much indeed.where should I get private investigators can u help me regarding this.also the price u gave me is that only cost ? Or any more hearing n summons we need to pay?
Expert:  Ben Jones replied 1 year ago.

Hi, I cannot recommend a specific company to trace someone but a simple Google search on "trace person uk private investigator" should provide you with plenty of results. As to the fees these are the costs to take a claim all the way up to a hearing with a judge. If you win and then have a judgment in your favour but the respondent does not pay up, then you will have to potentially pay more to try and enforce the judgment - see here:

https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment

Customer: replied 1 year ago.
The remainder letter should I send to the old address? Or if u wanted to do it ,how much does it cost?