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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44932
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have paid £1124 to a window company on 16th Aug this year,

Customer Question

I have paid £1124 to a window company on 16th Aug this year, they haven't done the work and keep making various excuses. I have asked them to return my money but they have not done so. What more can I do?
Submitted: 27 days ago.
Category: Law
Expert:  Ben Jones replied 27 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 27 days ago.

What reasons have they provided exactly for not carrying out the work as yet?

Customer: replied 27 days ago.
Will come on various dates, don't arrive, their mother is dying, their mother died , slamming phone down on me, many emails with promises to no avail, last email quite threatening " don't get yourself wound up, you are a rude and aggressive woman!"
Oh dear, quite amusing really, I know they owe their suppliers thousands and also H.M.R.C even more. If you need the name of the company you can find out more details. I have worked very hard to try and get my money back.
Expert:  Ben Jones replied 27 days ago.

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.

Customer: replied 27 days ago.
Thank you
Expert:  Ben Jones replied 27 days ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 27 days ago.

They are clearly in breach of contract here as they have not delivered the materials and services which they were contractually obliged to. Therefore, if necessary, you can consider taking things further more formally.

Whilst direct negotiations with them would be the best way to try and resolve things, there comes a pint when this is no longer viable or realistic so you may have to start considering more formal steps. In the meantime you can also contact Trading Standards to complain to them and see if they can help.

As to the steps you can start taking, 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

Expert:  Ben Jones replied 26 days ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 24 days ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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