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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13888
Experience:  Senior Associate Solicitor
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How much does it cost my ex Tennant owes me£200, Thanks 👍,

Customer Question

How much does it cost my ex Tennant owes me£200
JA: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit.
Customer: Thanks 👍
JA: Where are you? It matters because laws vary by location.
Customer: Pontypridd
JA: What steps have you taken so far?
Customer: Been to management they cannot get my money back what do I need to do and how much will it cost and can I spread the cost
JA: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit.
Customer: Thanks
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 14 days ago.
Category: Law
Expert:  MatthewM1117 replied 14 days ago.

Good morning, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. Can you confirm that the property was residential and the unpaid sum was due to unpaid rent?

Customer: replied 14 days ago.
Residential it's the bond
Customer: replied 14 days ago.
Hopkins and John's dealt with my property in pontypridd
Expert:  MatthewM1117 replied 14 days ago.

Thank you for the clarification, this is outside my area of expertise therefore I will opt out and allow another expert to pick this up.

Expert:  JimLawyer replied 14 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.

Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 14 days ago.

You can sue the ex tenant but you need to know their full name and where they live now. If you don't know then you could ask a tracing agency to find them - most offer a no trace no fee service.

Here are a selection of tracing agencies you could approach :

  1. https://www.candlinvestigations.co.uk

  2. https://www.investigate.uk/legal-litigation-services/tracing-investigations

  3. http://www.andersonchanceinvestigators.com/private-investigations/find-missing-persons

  4. https://arklineuk.co.uk/tracing-agents

Once you have their address 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 https://www.moneyclaim.gov.uk/web/mcol/welcome 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. This means the parties are on an equal footing, so you don’t need to worry about legal costs if you lost.

A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.
Here is a user guide for the money claim online site: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/762843/mcol-userguide-eng.pdf

The court will then issue the claim and they will send you "notice of issue". The papers are served on the defendant who then has 14 days to acknowledge the claim - they do this by filling out an acknowledgment of service and they post it to the court. They indicate their intention when they do this, i.e. whether they admit the claim in full or partly, or if they deny the claim. If they want to defend the claim then their defence is due by 28 days from the date the court served them with the papers. The central court processing centre then sends the claim to the defendant's home county court for case management and directions - the directions will give a list of dates which you both must comply with. If there is no settlement then the claim will be dealt with at a final hearing which takes anything from 9 to 12 months from when you start the claim - longer if the claim is higher value. You can pursue the claim yourself or use a law firm. For the hearing you can use an advocate if you wish, though it's not compulsory. I have details of law firms and advocacy agencies if you would like those. Though in a small claim you won't be able to recover their charges from your opponent. A small claims hearing is easy to do, it's quite informal and no lawyer is required.

You would claim the sum for the loss, the court issue fee which is £35 based on your claimed sum 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 a hearing is required then there is a fee for this too - see page 7 of the previous link for details. Again, that fee is recoverable if you win.

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 you are eligible, let me know as you cannot use the online money claims site – you have to use the paper method, which is an N1 claim form sent to the County Court Money Claims Centre (I have a copy, let me know if you would like one).

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 if they ignored the court order.

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

Expert:  JimLawyer replied 14 days ago.

(insert name and address) (insert date)

LETTER BEFORE ACTION

Dear (their name),

Re: Claim for (insert sum)

I refer to the above matter. (Insert details of the dispute).

This letter is being sent to you in accordance with the Pre-Action Protocol (“the Protocol”) contained within the Civil Procedure Rules (“CPR”). In particular, I refer you to paragraph 7 of the Protocol, and paragraphs 13 to 16 of the Practice Direction on Pre-Action Conduct and Protocols regarding the Court’s powers to impose sanctions for failing to comply with the provisions of the Protocol.

I therefore put you on notice of my intention to issue county court proceedings against you for my losses should I not receive payment in full by 4 pm on (insert date 30 calendar days).

Should court proceedings be necessary I will claim the court issue fee and statutory interest.

I trust the above will not be necessary and I therefore look forward to hearing from you as a matter of urgency.

Yours sincerely,

(insert name)

Expert:  JimLawyer replied 14 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 14 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim