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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48736
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was cold called by a firm of solicitors who said that they

Resolved Question:

I was cold called by a firm of solicitors who said that they could reclaim money for me from timeshare miss selling. My wife and I were invited to an office in Chelmsford and before we knew it we were out of pocket on credit card transaction of over £5,000.00. We were drawn in to signing several documents on line and in so doing were nothing more than naive and indeed foolish. The law firm is properly registered and so ticks all the boxes. They were unable to gain any attention from the Time Share Company. I appealed to the credit card company but they said that section 75 of the credit card act will be of no help. My wife and I are both in our 70's and not in very good health. Depression has now crept in as an extra burden. Could any remedy be obtained from these very clever lawyers who prey on unsuspecting pensioners?
Submitted: 24 days ago.
Category: Law
Expert:  Ben Jones replied 24 days ago.

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

Expert:  Ben Jones replied 24 days ago.

If you wanted to challenge them you will have a few options:

1. You can report them to the Solicitors’ Regulation Authority if you believe they have acted dishonestly:

http://sra.org.uk/consumers/problems/fraud-dishonesty.page

2. You can report them to the Legal Ombudsman:

http://www.legalombudsman.org.uk/downloads/documents/publications/Formal-Complaint-Template.pdf

3. You can report them to Trading Standards via your local Citizens Advice Bureau.

4. Finally, you can consider taking the matter to the small claims court to try and recover some of the money you paid

These are the main options available to you which would provide a realistic outcome.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you were to issue a claim. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

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Expert:  Ben Jones replied 24 days ago.

Thank you. If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 pursue them for the compensation in question. 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 a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.