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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75138
Experience:  Qualified Solicitor
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I am looking for some advice on money I am owed by a

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Hi
JA: Hello. How can I help?
Customer: i am looking for some advice on money I am owed by a builder
JA: Where are you? It matters because laws vary by location.
Customer: england
JA: What steps have you taken so far?
Customer: tried to negotiate and agreed on amount builder is supposed to pay back
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: now builder has delayed payment despite a mutual agreement made for payments to be made and I am unsure of his intentions

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.

How much are you owed?

Customer: replied 11 days ago.
163;2820 mutually agreed after deductions
Customer: replied 11 days ago.
Hi not sure if this phone call request is chargeable . I can’t pay more so pls don’t call if this is chargeable

Yes it is but you can cancel it by contacting customer services if needed.

What is the money owed for?

Customer: replied 11 days ago.
Builder agreed a price and was expected to start work by such and such date
Customer: replied 11 days ago.
Then he showed up for one day and then never showed up (postponed twice after that first day)

Thanks. Was he a sole trader or limited company?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 11 days ago.
I paid 20% deposit on good will that work will commence as planned but it didn’t. I cancelled work due to such delays and then agreed for a day work reduction.
Customer: replied 11 days ago.
Now after mutual agreement on deductions to be made, he has still not returned deposit amount and I doubt his intentions.
Customer: replied 11 days ago.
Limited company
Customer: replied 11 days ago.
Customer: replied 11 days ago.
What can I do in such a situation to get my deposit which he is expected to pay after deductions.. now he has asked for 10 days extension

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

If money is owed by one party to another, the debtor can potentially be taken to court to try and force them to pay up. 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 the money that is owed. 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 debtor 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 debtor 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 repayment.

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.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.