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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 4909
Experience:  Senior Associate Solicitor
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A******my problem is bought a lodge from Parkdean in clacton

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Hello my name is D*****A******my problem is bought a lodge from Parkdean in clacton my partner did not want me to have finance. So we cancelled within 30 days and bought one at parkdean Bideford for £71000.00 after awhile my partner was diagnosed with emphysema and could not cope with the hills so we then part exchanged with another unit and £11000 Assistant: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to? Customer: I live in s******* E****** Assistant: What steps have you taken so far? Customer: I did not finish my question the one in clacton we only had for 30 days and my partner has got the correct medication. We could not settle in clacton as it was not a lodge we have no paperwork for clacton just a transfer note for site fees. We have gone back to Bideford but as they have never done a transfer back they have 81000 Assistant: Anything else you want the lawyer to know before I connect you? Customer: and I have no paperwork to say I own it

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

Does the site in Bideford have more money than they should have from you? I am trying to understand the question

Customer: replied 2 months ago.
They have 81000
00 and I have no paperwork to say that I own the lodge this has been going on for 6 weeks
I have asked for my money back and get no response. Have not signed for it and just have enough and want to go

Thanks, ***** ***** is not co-operating and there is no contract then you can still pursue this - if you have evidence you sent the money to them then that would be enough to prove you paid them for the lodge.

I would recommend that you send the company a letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. You may also want to threaten a report to Trading Standards too. The threat of litigation should be enough.

You would then need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

Claims between £10,000 and £25,000 are subject to fixed costs only so if you lose then the risk is minimal. Further, the money claim website allows you to sue for an amount up to £100,000.

You would claim the sum for the loss, the court issue fee (details of fees are here at page 5: http://www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee. If this applies, let me know as there is a form to fill in.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property, summons to court for questioning, etc.

If you would prefer a law firm to write to them, let me know as I can give you recommendations. A legal letter may be more persuasive.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

JimLawyer and 7 other Law Specialists are ready to help you
Customer: replied 2 months ago.
You owe me £43.00 as never got a phone call have a nice day

If you email***@******.*** they will refund you

Customer: replied 2 months ago.
Thank you