Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. So to clarify all you are expecting back from them is the £78.22?
Do you have an address for them?
Ok that’s good because to take this further you will likely need their address in the future. In the circumstances you may consider pursuing them for the money owed through the small claims court. This is a relatively low risk option and something which is not too expensive (it will cost you a total of £50 to make the claim and go to a hearing) and if you are successful you can claim that money back from them.
Of course legal action should only be used as a last resort so I suggest you approach them for mall and follow the pre-claims procedure to give them a final chance to pay you and then if you have not resolved this, you can proceed to a formal claim. You have 6 years to claim so there is certainly no rush in taking further action.
This is your basic legal position. I have more detailed advice for you in terms of the specific steps you must follow to take this 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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.
I am afraid you are unlikely to be able to claim for these ancillary costs, only the money they owe you
Ah that's good to know, I wasn't expecting such a quick resolution but glad it has been sorted. All the best