Ask a Law Question, Get an Answer ASAP!
Hello, thank you for your question. My name is ***** ***** I should be able to help you with this.
What is it you would like to know please?
Hi Sorry I have a call
Okay. I shall be here for the next 15 min.
Can you comment re my question - is there a logical way to get some funds from him?
The obvious way, I guess, to issue court proceedings to seek to recover the outstanding sum in full.
You could always attempt mediation, whereby a third party will attempt to broker a settlement between you. This is often a very effective and successful way of resolving disputes.
Mediation is entirely without prejudice, which means that both parties in openly speak their minds without it then being relayed to a court later on if no settlement is reached.
But I say, the only way you can force payment be made is through issuing court proceedings.
If you do need to issue proceedings, you can do it online at at www.moneyclaim.gov.uk
This is the quickest, most cost-effective and easiest way to issue a claim.
As this is for a large sum, and will not be within the small claims system, I would strongly encourage you to formally instruct solicitors to deal with a claim for you.
Those because it is not an informal court system at that level.
I know he has a previous outstanding court claim against him which he didn't pay. In summary he lied and I took his word in good faith
Okay. You cannot undo what has already been done. It's just a case now trying to get back the money that is owed to you.
A strongly worded solicitors letter might just do the trick, or at least get him to the position whereby he agrees to pay you something back per month until the outstanding sum is cleared.
can you write a letter?
Unfortunately not. We cannot do that on here, we are strictly an information only service.
You need to instruct a local high street law firm, and you can take the benefit of using their letterhead, which hopefully will have the desired effect.
Any suggestions on how to find a good local firm in Exeter? Thanks
I've been very careful in my wording of emails and text messages. I don't think its unreasonable to chase when a person isn't paying on the terms agreed. He said I was acting like a loan shark to do that. From what you're saying and from my own thoughts its just a case of seeing if a letter works and if not going to court. Would it be crown court?
Two minutes please ...
Of course thanks
Sorry about that. Yes, you should always start with the letter before action, and then if necessary, proceedings would be issued in the County Court (not the Crown Court).
You would do that at the web address I gave you above, or preferably, by instructing a solicitor.
Does this answer your question? Is there anything else you would like to ask me?
I think thats good for now. Thanks for confirming what I had thought.
You are very welcome. Can I check that you are happy with the service today please?
Yes I am thanks.
Have a great day!
You too. Bye
Excellent service - will rate accordingly.