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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben. I hope you have had a good weekend. I am trying to

Resolved Question:

Ben. I hope you have had a good weekend. I am trying to reach you to ask further questions but cannot seem to get through. I have sent a letter to Anglian based on your advise which I wish to send a copy to you. If you can indicate how to attach the letter I will send it.The additional questions are do you like the letter and would you make any further comments as I suspect they will continue to harass me .Do you feel I have a reasonable chance of winning based on the facts in the letter? I wish to reclaim the deposit I made, if they do not return it as requested is that theft?. Do I have to make a claim in the small claims court? Does the small claims court allow you to give evidence and can I insist the representative is there to be questioned?. What is the cost of starting an action. I assume £200, what are the likely costs of Anglian if they defend. I realise that you cannot predict the outcome in any court so there are risks
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

Hi there, there should be a paperclip icon on the age which you can use to attach files. I am more than happy to look at the letter but commenting or making changes is treated as a premium service so will be at an additional cost I'm afraid - up to you if you want that. Let me know and I will then answer the other questions as well, thanks

Customer: replied 7 months ago.
Ben, Thanks for coming back. As I have sent the letter off probably not worthwhile you commenting on it but I have tried to attach it for your information unfortunately it appears to be in the wrong format so if you are interested let me know your e-mail which as you are busy you probably don't wish to be cluttered up.. I at least take notice of what you say and advise me.
Just the answers to the other questions please as I was thinking of challenging them to take a case against me in the small claims court or pay back my deposit rather than me having to go to the small claims court. Difficult to know which way to jump.
Best Regards,
Allan.
Expert:  Ben Jones replied 7 months ago.

Hi Allan, to answer your questions:

I wish to reclaim the deposit I made, if they do not return it as requested is that theft?

No it is not, this is not a criminal matter, it is a civil one and goes under breach of contract, so do not confuse it with the criminal act of theft.

Do I have to make a claim in the small claims court?

Yes it would be in the small claim court as the value of the claim is for below £10,000

Does the small claims court allow you to give evidence and can I insist the representative is there to be questioned?

Yes it does allow you to give evidence but the other side decides who appears as a witness for them. You can try and force a witness to attend by asking the court to make a witness order if necessary. The court will decide if that is needed and appropriate in the circumstances.

What is the cost of starting an action. I assume £200, what are the likely costs of Anglian if they defend.

The claim costs will depend on the value of the claim. You mentioned £6200 in the previous response, not sure if that is the deposit you paid but assuming it is it would cost £455 to issue the claim and £335 for the hearing. It does not matter how much it would cost them to defend this because in the small claims court each side pays their own legal costs.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 7 months ago.
Ben,
Thanks for the reply. I have rated you 5 as you answered all of my questions
Best Regards,
Allan
Expert:  Ben Jones replied 7 months ago.

Many thanks all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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