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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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Ben I hope you 't mind me contacting you again regarding

Resolved Question:

Hi Ben
I hope you don't mind me contacting you again regarding the same matter. The contract was signed by both of us. He paid the first payment on the specified date on the contract. The 2nd payment was 7 days late and it only arrived after I chased his solicitor - they replied that he was moving premises and didn't have internet so could do the transfer. It was subsequently received a week later. Now the next instalment was due on the 12th June, nothing has been paid. I've contacted his solicitor several times and they are unable to get hold of him to find out why he hasn't paid this instalment (they've tried phoning, left messages, by post and email) - they're are 3 installmets of £2,000 left to pay me. It looks like he is perhaps unable or unwilling to continue so what's next?
Many thanks
***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the payment in anyway disputed? Kind regards AJ

Customer: replied 1 year ago.
A legally binding agreement was drawn up by his solicitor which we both signed for him to make 5 equal monthly instalments of £2,000 to be paid to me on the 12th of each month starting from April. First 2 instalments where received. Mays instalment was a week late with a pathetic excuse. I have had nothing from him to hear that's he's disputing paying the rest.
Expert:  Alex J. replied 1 year ago.

Thank you. You have the following options.

1. You serve him with a statutory demand

https://www.gov.uk/statutory-demands/overview

You do this on the basis that the debt is not disputed you. It would put him under massive pressure because if does not pay within 21 days you can petition for his bankruptcy - this is an inexpensive option

Expert:  Alex J. replied 1 year ago.

2. You commence a money claim against him. This is time consuming and will incur further recoverable expenses. If you are awarded an order your could take other enforcement options. This includes sending in bailiffs, or securing a charging order against his property.

https://www.moneyclaim.gov.uk/web/mcol/welcome

Customer: replied 1 year ago.
Thank you very much. Do I wait until the agreement repayment period is over - full payment through the instalment process of £2,000 per month is due to end 12 Aug '16 and then do go ahead with option 1 you proposed orgo ahead with this straight away as he is in breach of contract which makes the contract null and void? Or at present would I only be entitled to the 2,000 ? Not the full amount of 6,000 as the final monthly payment is due on 12 August?. Many thanks
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Does the contract contain any clause that says the whole sum is due if any payment is missed?

Customer: replied 1 year ago.
No it doesn't
Customer: replied 1 year ago.
Which do you feel is the best to move forwards with this?
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. When is the next installment due (or overdue as the case might be)?

Customer: replied 1 year ago.
Was due on 12 June (which hasn't been paid) next one 12 July and final one 12 August.
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. I think if you served a statutory demand by the time it expires, the next installment would be due so pressure will really start to build. However if you know he has assets and money to pay the debt, then I would go with the court action and just claim he is in breach of contract. If you are prepared to give him time I would go with the stat demand route. Kind regards AJ

Customer: replied 1 year ago.
Many thanks so to clarify I do the stat demand in August if he hasn't paid the remaining amount or can I do this more than once?
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. You can issue a stat demand for each individual sum that is due and owing. Kind regards AJ

Customer: replied 1 year ago.
Ok great thanks. I have attached the agreement drawn up by his solicitor re the repayment plan with the terms - would you mind checking through it just to see I'm entitled to do this stat demand (I wouldn't want to look stupid as this is all new to me!)
Many thanks
Expert:  Alex J. replied 1 year ago.

Thank you. There is any agreement not to sue, but there is nothing to say you cannot make a formal demand for your money. Also I think it is implied that the agreement not to sue only applies if you are actually paid. Kind regards AJ

Expert:  Alex J. replied 1 year ago.

Thank you. There is any agreement not to sue, but there is nothing to say you cannot make a formal demand for your money. Also I think it is implied that the agreement not to sue only applies if you are actually paid. Kind regards AJ

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Customer: replied 1 year ago.
Do I send this to his solicitor who's been sending his correspondence or directly to him? Thanks