Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
What reason have they provided for withholding your money? Please also briefly outline details of the agreement. Thank you.
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Hello, 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.
Thank you, ***** ***** indeed be best if you start the formal steps of making your position clear and advising them of what the next steps would be, including legal action, which should hopefully make them reconsider their position. You cannot force them to pay though so if they are reluctant to do so despite your position and threats, your only option would be to issue the money claim
Yes it was based in these. The relevant clause is 7.6, which states when they could delay payment (e.g. non-payment or late payment of funding by the agency or non-observance of the agreement). Also the schedule makes payment conditional on inclusion on ROTO, which has happened and it or the agreement do not state anything about audits being able to delay payments