How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14799
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

Reclamining Funds from a debtor

Customer Question

Reclamining Funds from a debtor
Submitted: 19 days ago.
Category: Law
Expert:  Virtual-mod replied 18 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  MatthewM1117 replied 18 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 clarify your question so that we can best advise you?

Customer: replied 18 days ago.
I am a property developer based in Glasgow, Scotland. I have been working with a trade names Paul Dixon since May 2021. Paul has had some problems outside of work which I acknowledged from being beaten up by his stepson, getting a police slip for the position of marijuana, and last week his ex-wife passed away. After all these unfortunate events, I have been lending Paul money from the bottom of my heart to help him out but with the promise to pay back and in good faith. I have borrowed him a sum of £2,100. I have also paid him upfront a sum of £2,700 for the next project we had agreed to do together. Which totals to 4.8K in total.I have been a good Samaritan to Paul, but I get more excuses and abuse in return. He hasn’t come to do works for a couple of weeks now; there is always something that has come up.On Friday 13th August, he was meant to pay me back the money he ow me, but he failed to keep his word and have been reminding him via text messages. Today was the last straw and he was verbally abusive on text messages because I asked for my money.
Expert:  MatthewM1117 replied 18 days ago.

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

Customer: replied 18 days ago.
I asked the above question but from another solicitor couple of weeks ago but they said the trend has expired the guy who was helping me was Ben Jones
Expert:  JimLawyer replied 18 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 18 days ago.

The relationship has clearly soured and you are now owed nearly £5,000.

For the next step you should send them a 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. The letter needs to be changed to refer to him as an individual, clearly.

Assuming they refuse to pay, you would then need to issue a claim using the simple procedure in Scotland here:

www.scotcourts.gov.uk/taking-action/civil-online-gateway/welcome2

For a claim up to £5,000 the court fee is £106 which is reclaimable if you win.

Once you start the claim the Sheriff will register the claim and a timetable will be given to you to detail how the claim will proceed. For this size of claim you can easily do it yourself without a lawyer (or come back to this site for further guidance).

Expert:  JimLawyer replied 18 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 18 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

Customer: replied 18 days ago.
Hi Jim,
Thank you for this answer, I was given this information already by a previous solicitor. The reason why I have raised a ticket again under this is that,Paul left his tools on my property and we verbally agreed you would come to pick them up after giving me my money. Now he is turning around and saying he never said that he now wants his tools from me and when I ask for the money he says he will give me it when he finds it. He has also asked a mutual friend to be a mediator on this, but I don't have confidence that if the tools go back to him, I will ever get my money back. His tools are now in my storage kept safe.The mediator has requested a meeting on Saturday at McDonald's restaurant where there are cameras and everything so me and Paul can have a discussion. But from the looks of things, everything in his mind it's his tools but when I ask about my money he says I will give you when I get it, there is no payment plan.What are the steps to take?The police are aware as he was sending abusive messages to me, but they said there is no crime. There will be a crime if he breaks into my property or damages for entry without my permission. £4,800 is a lot of money to let go, I have worked so hard for this money and I can't let it go down the drain like that.I look forward to your response.Thabo
Expert:  JimLawyer replied 18 days ago.

Mediation is optional but encouraged by the courts so it would be a good idea to go through with that. You are justified in retaining the tools - as you say, it is a lot of money and it is insurance to have him repay you. There is no crime as the harassment / abuse is not serious enough for the police to take action at this stage. They would if there is a break in or criminal damage, yes. He would need a court order for the return of his tools, but you could defend that application on the basis he owes you £4800. So you are in a good position in my view - I would recommend you attend mediation and see if this can be resolved on Saturday. Court action is a last resort so hopefully it will work without having to go that extra step.

Customer: replied 18 days ago.
Hi Jim,Thank you for helping me out, my understanding is I have 7 Days before this thread expires. If this is the case may I please give you feedback on the outcome on Saturday and see if I need a further assistant based on that day.As for now thank you so much, I will action on all the points you have told me.Many thanks and best regards,Thabo
Expert:  JimLawyer replied 18 days ago.

Yes, for any related questions then fine for 7 days. After 7 days or if you have new questions unrelated to this one if you can please post a new one, thanks.

Customer: replied 18 days ago.
Thank you
Expert:  JimLawyer replied 18 days ago.

My Pleasure