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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been scammed out of £5000.00 by an online trader. I

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I have been scammed out of £5000.00 by an online trader. I have a full record of the transaction in the form of emails and some audio recordings of telephone conversations.
Which is the most appropriate court in which to pursue this debt?
(The local police have interviewed the scammer under caution).

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Are they based in the uk please?

Yes. South Coast.

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?

Who gets to set the venue for the hearing?

Alex Watts : It will be the defendants home court if they are an individual.
Alex Watts : This is automatic.

The scammer is a Director of a Limited Company, set up only in August 2013, yet to file any accounts. Should the correspondence be be in HIS PERSONAL NAME, or in the name of the Company? My money was paid by online funds transfer into the Company Bank Account).

Alex Watts : Depends who you paid.
Alex Watts : If you paid the company then you sue the company
Alex Watts : If you paid the director personally then you sue him
Alex Watts : Can I clarify anything else?

So the County Court and the Small Claims Court are one and the same thing? And the claim is automatically directed to the correct one according to value? Do they both have the same powers of ENFORCEMENT?

Alex Watts : Yes is the same.
Alex Watts : it's a small claim if under £10,000
Alex Watts : Once you get judgment then you can consider enforcement.
Alex Watts : But yes it's all the same.
Alex Watts : Does that help a.

I know how much money I lost, but at what stage do I need to try to quantify costs?

Alex Watts : Costs are calculated automatically and added to the claim

OK. Can I save this chat so I have the form refs etc?

Alex Watts : Yes once you rate the format changes and you can save it
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help:

Great. Thank you very much Alex, you have been very helpful. 'Bye. David.

Alex Watts : Happy to help David.
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