Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Did you buy the scooter online or in a store?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
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. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand
4. 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.
This is your basic legal position. I have more detailed advice for you in terms of the rights you have should you win and get a CCJ in your favour, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. If you were to get a CCJ in your favour then you can consider different enforcement methods available to you.
The options available to you are here:
You should be looking at pursuing this through the Scottish courts although you are also able to do it in the English ones but then you may have to apply for a transfer to the Scottish ones. For example:
I cannot really give you an indication of your chances and I am not allowed to do so as I have limited details about your position from which to form such an opinion so unfortunately I cannot do so. But the letter will be sufficient in terms of satisfying the LBA step
Hello Nigel, sadly i cannot take on cases outside of this site. If you were to engage a solicitor for this then as it is going to be in the small claims court you will not be able to recover these costs so it is best if you do it youraelf, as most people do in the small claims court.
Hi there, I would advise against getting the police involved - this is not theft or fraud and it is not a criminal matter, it is a civil one. So the police are very unlikely to get involved. You can however complain to Trading Standards, they do have the power to prosecute someone if they have been guilty of criminal conduct, although here it is more likely to be a civil matter as breach of the Consumer Rights Act is a civil issue
You are welcome