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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49851
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi I just want to know what chances I have in recovering money

Customer Question

Hi I just want to know what chances I have in recovering money owed to me by my ex husband. He manipulated me into paying for his solicitors fees for a child custody case and now he is not willing to give me my money back. I paid the solicitors directly with a credit card and have the receipts and invoices.
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Did he ever promise that he would refund you these fees, or that this was a loan on your part?

JACUSTOMER-04tzl6i2- : He knew it was a loan as he was my husband but we were separated and I said I would help him out.. His ex took his daughter and I agreed to help him. But he got back to get her with the mother and decided not to go to court after spending nearly £7k. He agreed to pay me £100 a month and asked for my account details but to date no money has been paid.
JACUSTOMER-04tzl6i2- : He said he would pay me back as and when he could
Ben Jones :

When did you lend him the money?

JACUSTOMER-04tzl6i2- : I made two payments directly to the solicitors last November and december
Ben Jones :

OK, if there is a problem with recovering money that a party believes is legally due to them, they have the option of pursuing this as a legal debt. The following steps should be followed:

  1. Reminder letter – if no informal 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 unanswered, the other side needs to be sent a formal letter (preferably by recorded delivery) asking them to pay the money they owe within a specified period of time, usually 14 days. They should be advised that if they fail to do pay, legal proceedings will be commenced to recover the money owed. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action, which should be a last resort. It is therefore essential that it is sent.
  3. If they fail to pay as requested or do not make contact to at least try and come to some form of arrangement, this matter can be taken to the next stage and formal legal proceedings can commence. If this is just about an attempt to recover money the claim can be submitted online by going to There will be a court fee to pay depending on the amount to be recovered (this is usually refundable if the claim is successful) but at least this will kick-start the legal process and hopefully prompt the other side into resolving this without the need to go to a formal court hearing. If the value of the claim is below £10,000 it will most likely be assigned to the small claims track which is a relatively straightforward process.

Finally, it is also strongly advisable to keep copies of all correspondence in relation to this, in case it is needed at a later stage.

JACUSTOMER-04tzl6i2- : Yes I know all this but I asked you to tell me if my chances. I have already looked into the small claims court.
Ben Jones :

We cannot adviser you of your prospects of success, we have extremely limited information about your case to work from and it is impossible from that to tell you what your chances are. Your prospects of success can only be determined from a solicitor who has conducted a formal case analysis - for this you need to instruct them formally and see them in person, but the fees will be much higher too

Ben Jones :

Do you need any further assistance with this matter?