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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61646
Experience:  Qualified Solicitor
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We asked the company that we bought a mobile home from to

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Hi, we asked the company that we bought a mobile home from to sell it for us, they agreed and said they would take £1500 to do so. The van sold a month ago tomorrow but they are being difficult with paying us the money
Assistant: Where are you? It matters because laws vary by location.
Customer: South wales
Assistant: What steps have you taken so far?
Customer: phoning them only, they then said it would be paid in increments and they would send an email with the breakdown, that was tuesday
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: i don’t think so

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How much are you owed?

Customer: replied 7 days ago.
The receptionist said 18800 but they’ve since told us 18000
Customer: replied 7 days ago.
Not at the moment
Customer: replied 7 days ago.
Can we do this via text?

Thank you. If a party wishes to pursue another for a debt 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 debt 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.

 

4. As an alternative to legal action a debtor can be issued with a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so would allow the creditor to bankrupt the debtor (if they are an individual) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

 

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.

 

Does this answer your query?

Customer: replied 7 days ago.
Yes, thank you, is this along drawn out procedure and is it costly plesse
Customer: replied 7 days ago.
Also are they entitled to pay in increments, they say it’s because of warranty, a new regulayion

it can take a few months, especially if it is defended. In terms of costs, you would have to pay a claim fee of around £800 and then if it is defended, a hearing fee of £335, but if you win the claim then these are added on to the total owed to you. Also they can ask the court to order payment in instalments if they can show that they cannot pay it all at once but the court decides if that is to happen. Does this clarify things a bit more for you?

Customer: replied 7 days ago.
Almost sorry, they’ve mentioned paying in instalments now due to these new regulations

I have no idea what regulations they are referring to I’m afraid but it is up to you whether to accept such repayments or try to go after them for the full lump sum in court

Customer: replied 7 days ago.
Thank you

All the best

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