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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 18769
Experience:  Solicitor
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Mrs Wilson, I have invested in a company here in UK via a

Customer Question

Hi Mrs Wilson, I have invested in a company here in UK via a Loan Agreement. I actually lend them some money in 2019 for a year & they have failed to repay me February 2020 as agreed. It is me & a lot more investors in the same case. As long as I follow the CEO of the company on instagram I saw today that while he claims he does not have money to repay his investors he is currently building a new hotel in UK.
JA: 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 made a comment at his post mentioning that this person does not have money to repay his investors but he is building a new hotel. And he replied to me via a comment "Weirdly you idiot this is how I do it, we get the sites open so we can pay our investors, while you are sitting on your backside I have worked every Saturday and Sunday to ensure that you are paid back, I can't wait for that day TOSSER". Yes of course I have spoken to a lawyer but the company is now currently in administration. I am getting in contact with you. Regarding the comment he made. Can I sue him for calling me idiot & tosser?
JA: What steps have you taken so far?
Customer: The company is under administration so the lawyer told me to wait for the administrators to do their job.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: At the moment no.
Submitted: 16 days ago.
Category: Law
Expert:  Jamie-Law replied 16 days ago.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Expert:  Jamie-Law replied 16 days ago.

You need to write a letter, set out your losses and request compensation within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

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.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If you need anything further I am available for a follow up at no extra cost.

Expert:  Jamie-Law replied 16 days ago.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.

Customer: replied 16 days ago.
Hi Jamie. I have lend to the company 15.000€. One of the lenders decided to put the company under administration. So they currently trying to liquidate the company assets in order to repay the investors as they have told me. I have submitted a proof of money owed to me to that administration company & they told me that I should wait for them to proceed to further resolution steps. I am an unsecured creditor so I will have to wait first the secure creditors to be paid as they told me. This company that I lend the money is operating hotels. And the hotel that I invested is was open now before the lock down. Now I do not know exactly what is happening but I can check if required. So they make money from that.
Expert:  Jamie-Law replied 16 days ago.

You can issue proceedings now.

Then if successful, you can get a charge on assets, including the hotels.

Does that assist?

Customer: replied 16 days ago.
your advice is that I should not wait for the company who is currently doing the administration to repay me?
Customer: replied 16 days ago.
Can I also sue him for his comment? I took a print screen of the mobile. He immediately afterwards deleted it but I have the photo as a proof.
Expert:  Jamie-Law replied 16 days ago.

No, I would do it now.

No, you can't sue for comment.

Does that assist?

Customer: replied 16 days ago.
Why you would do it now could you please clarify?
Customer: replied 16 days ago.
In such a way I can have better priority than the secured creditors?
Expert:  Jamie-Law replied 16 days ago.

Issue proceedings now.

No, you won't have better position until you have a Court Judgment and have secured it on property.

Does that assist?

Customer: replied 16 days ago.
That is what I mean. If I have a Court Judgement I will have better priority to take my money?
Customer: replied 16 days ago.
Can I do this process alone? By the links you send me or I need a solicitor as long as the claim is more than 10.000 UK pounds?
Expert:  Jamie-Law replied 16 days ago.

If you have a Court Judgment that is not enough. You need to apply to secure it on property.

Does that clarify?

Customer: replied 16 days ago.
Ok I understand. As property are considered also the bank accounts?
Expert:  Jamie-Law replied 16 days ago.

No. That is a separate method of enforcement.

You can do that at the same time

Does that assist?

Customer: replied 16 days ago.
thank you you are very helpful. So as I am a student & I try to find the most cost effective way to handle this case. Can I do the legal process to claim the outstanding balance online my self or I have to hire a lawyer?Please help.
Expert:  Jamie-Law replied 16 days ago.

You can do this yourself.

I hope that helps

Customer: replied 16 days ago.
Normally the legal action includes me to send them a letter before claim. Now if I follow your advice I will do directly the claim at the court? I have already send them emails requesting my funds back.
Customer: replied 16 days ago.
The hotels that the company has most of them are leased in a long term years lease. If I have an order from the court to pay me back how can I issue them if the asset is leased & is not owned?
Expert:  Jamie-Law replied 16 days ago.

Yes that is correct you can just issue a claim now. If the asset is leased then you can or charge it as they do not own it. You can only do it if it is owned

I hope that clarifies

Customer: replied 16 days ago.
Now that there is an administration company that has taken over the company's management. What will be the advantage of me if I make a claim? Do you have an office that I can come to speak with you?
Expert:  Jamie-Law replied 16 days ago.

It makes no difference and sadly you can't speak to me directly, only through the site or request a callback

Customer: replied 15 days ago.
if it makes no difference to make the claim there is no reason to create new costs for my self if there would not be any additional benefit.
Expert:  Jamie-Law replied 15 days ago.

If you sue now and get a charge on assets, on that way protects you. I hope that helps

Customer: replied 15 days ago.
1. So in that way & If I get a charge on assets I will be treated like a secured creditor correct?
2. Sue you mean if I make the money claim?
3. If I do this process alone could this be done by guiding me from here while I handle
the case by myself?
Expert:  Jamie-Law replied 15 days ago.

1. Correct

2. Correct

3. You can ask questions on new threads throughout the process

I hope that helps.

Customer: replied 14 days ago.
Hi Mrs Jamie, I am checking the process in order to raise the money claim.It mentions that I will have first sent a letter before claim prior proceeding to any money claim action. Can an email the emails that I have sent them requesting funds repayment considered as letter before claim?
Customer: replied 14 days ago.
Can the emails that I have sent them requesting funds repayment considered as letter before claim?
Expert:  Jamie-Law replied 14 days ago.

Yes emails are letter before action too

I hope that helps.