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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73956
Experience:  Qualified Solicitor
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I would like to take someone to court for a civil dispute

Customer Question

Hi I would like to take someone to court for a civil dispute regarding the sale of a horse but im not really sure where to start
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: No i havent and I live in the UK
JA: What steps have you taken so far?
Customer: I have written to her with an intent to take further action letter but the situation has now changed. Originally she owed me £300 but I have since bought he horse back which cost me £2000 and I would like her to pay. Im not sure if I need to write a new letter of intent to her?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There was a contract in place when she bought the horse and I have all the evidence I think I need
Submitted: 22 days ago.
Category: Law
Expert:  Ben Jones replied 22 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 22 days ago.

So just to clarify what will you be making a claim for against her?

Expert:  Ben Jones replied 22 days ago.

Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 22 days ago.
she bought a horse from me and the cost of the horse was £650. She Paid £350 when she collected him and there was a contract in place that she would pay the balance 1 month later. After a couple of weeks she said the horse was dangerous. I sold him as a project and new he was difficult and to cut a long story short we agreed that he should be put to sleep so he doesnt hurt someone. I agreed to forfeit the £300 she owed me so long as she paid for the horse to be euthanised and disposed of. Again she signed a document agreeing to this. I found out a year later that she gave the horse away to his previous owner who then went on to sell him again. He has been to 17 homes in 2 years and we finally bought him back last week but it cost me £2000. I would like to claim £2300 from her
Expert:  Ben Jones replied 22 days ago.

Ok thank you. In these circumstances it would be a claim for compensation. If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

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 – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the other side that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

Expert:  Ben Jones replied 22 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 22 days ago.
Initially I send her a letter of intent to take court action but it was for £300. She replied saying that she does not wish to take any further action (not sure what that means as it is me that is taking the action) but since I have now purchased the horse back I want to seek compensation for that. Do I now need to start the whole process again for the new amount?
Expert:  Ben Jones replied 22 days ago.

only as far as the LBA is concerned as she needs to know what you will be claiming for if you go that far

Customer: replied 22 days ago.
OK thank you
Expert:  Ben Jones replied 22 days ago.

you are welcome