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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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Someone tricked money out of myself and also other people as

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Someone tricked money out of myself and also other people as well, as I found out about the other people recently. What can I do to get my money back from that person apart of reporting her to the police as she is a fraudster?
Assistant: Have any charges been filed? If so, when is the next court date?
Customer: I haven’t filed anything yet, so just want to know what is my legal rights to get my £10000 back from this person who tricked innocent people like myself.
Assistant: Where did this occur?
Customer: This has been since February 2019 and we had an agreement she will return my money fully by end of this year. But obviously she only made £500 payment what is not what we agreed.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: She tricked other people as well (about 10-20 people ) but she owes them smaller amount between £100-£500 each. So what am I suppose to do as I need my money back.

Hello, my name is Jim and I am a qualified lawyer happy to help you this evening.

You will need to firstly send them a letter before action and if no payment within 14 days, sue in the small claims court. It shouldn't take long to obtain a court order as they will be unable to defend the claim (from my reading of your question).

I would recommend that you send them a formal 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. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation.

You will 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.

You would claim the sum for the loss, the court issue fee (details of the money claim fees are listed 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 you cannot use the online money claims site – you have to use the paper N1 claim form and the EX160 fee remission form (I have copies).

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 (and then apply to force a sale), apply to summons them to court for questioning, attachment of earnings order against her employer (if employed) - all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of 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.

Many thanks,

Jim

Customer: replied 10 days ago.
Thank you for your answer. I don’t have a job at the moment so if I need to file a claim that person then can you tell me what is the form to fill and where do I need to send it? But before that can I send a demand letter to that person to try to get my money back or do I need to use a law firm to send that letter to her? She lives in a council property so she doesn’t have assets like her own house. I’m not sure if she has a job or not.

Yes, there is a fee exemption form (EX160 - I have a copy, as well as the N1 claim form).

Can you see the template letter which I uploaded? You do not need a law firm - indeed the law firm will not get their costs back as this would be a small claim, so you should pursue it yourself (it is easy to do and you can come back here for guidance).

Customer: replied 10 days ago.
Hi, I only seen the form what I should send to her before action. Can you send me please the other forms what you just mentioned.

Sure, if you send the letter first and wait 14 days (this is required under the pre action protocol for this type of claim). I have uploaded the N1 claim form (you need 3 copies of this) and the EX160 fee exemption form (1 copy is required).

Post these to County Court Money Claims Centre, PO Box 527, Salford, M5 0BY.

Before you go if you could please leave a rating and click “submit” I would be very grateful.

Many thanks,

Jim

Customer: replied 10 days ago.
If I need any further help, can I ask for you to give me advise or it will be someone else?

Yes you can come back here and I can help - if you want to post any new questions to the site you can mark them for my attention (FAO:JIM) and I will pick them up. I am on the site daily so will pick them up at some point.

JimLawyer and other Law Specialists are ready to help you
Customer: replied 10 days ago.
Ok thank you for your help, and hopefully this person pay me back.

I'm sure they will and if they refuse then I will assist you going forwards.

Have a nice evening.

Customer: replied 10 days ago.
Thank you and I did my ratings for you as well.
Many thanks
Customer: replied 10 days ago.
Hi Tim, I have a question: as I will send a letter to that woman and her husband regarding my £9500 and also I will email her that letter as well. What if she will pretend she doesn’t receive the letter and also she will ignore my email as well. So what if she will flee the country or disappear and she won’t even turn up on the small claim court. What way she could be forced to pay my money back to me. As in our workplace she never came back to work then she resigned.

You just need to have evidence you either posted it to them or emailed it, that's all. She could leave the country but there are a number of enforcement methods available, including attachment of earnings order.

If you have further questions may I ask that you post a new question to the main site. It will not cost extra if you have membership. If you would like me to deal with the new question please mark it “FAO:JIM” and I will pick it up as soon as I can.

Many thanks