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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48771
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I would be greatful for some advice about jas hampton rae.

Resolved Question:

i would be greatful for some advice about jas hampton rae. last december they promised i had a claim for ppi. i had to pay a holding fee of £495 i was assured that it was a holding fee only and i would get my ppi paid out by march. the claim went on and on i kept phoning for updates and was told everything took longer because the companies were slow in responding. in july i had a payout of £177 and had to pay the firm £63 in fees. i paid that fee promptly as i thought it would get my refund quicker. everytime i phoned i was put off saying they were waiting for other companies to come forward even though i was not owed any more ppi. i complained to the company that i wanted my holding fee back and i was sent a letter to say the company would look in to my complaint and respond within 8 to 10 weeks that was three months ago. the company will now not correspond saying my file is blocked by the complaint. what can i do to get my holding fee back. please advise. thank you mrs j harris
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Is the company still trading?

Customer: replied 1 year ago.
Expert:  Ben Jones replied 1 year ago.

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

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