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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 10314
Experience:  Dual qualified Solicitor and Attorney
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We sold the machine and gave us some counterfeit money.

Customer Question

Hello.we sold the machine and gave us some counterfeit money.
JA: Where are you? It matters because laws vary by location.
Customer: Sheffield city
JA: What steps have you taken so far?
Customer: we called the police and told me to contact you about the counterfeit money
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I need an interpreter because I don't speak English.
and will it be paid?
Submitted: 11 days ago.
Category: Law
Expert:  JimLawyer replied 11 days ago.

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 11 days ago.

I am not sure what your first language is however I will set out the answer for you - you can copy and paste in to this link if that helps: https://translate.google.co.uk
In terms of the question, please note we are not a law firm so we cannot provide an interpreter. We are an internet forum where we give general information and guidance only. We cannot provide an interpreter but depending on your first language, there may be an expert on this site who could translate for you through the above website can do it too.

Expert:  JimLawyer replied 11 days ago.

You can sue the buyer if you know their name and address.

In order to try and resolve the dispute without having to pursue court action, a formal letter before action should be drafted and sent, 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. The pre action protocol confirms you should send the letter to give the other party a chance to avoid court action and to pay you. The courts encourage compliance with the protocol as it can result in a resolution without having to involve the court.

If you decided to issue a claim, you would then 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 generally 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/1020660/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.

Claims between £10,000 and £25,000 are subject to fixed costs only so if you lose then the risk is minimal. Further, the money claim website allows you to sue for an amount up to £100,000. For sums over this figure you would need to use the paper method (I have the forms if required).

You would claim the sum for the loss, the court issue fee (details of the money claim fees are listed here at page 5: EX50 - Civil and Family Court fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment.

So for example if you were owed £10,000, interest would be £2.20 per day, which you can also claim.

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 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 or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), apply to summons them to court for questioning, attachment of earnings order against their employer (if employed), apply to bankrupt them if they are an individual or sole trader and they owe £5,000 or more - all of which can ensure you are actually repaid the money.

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

Expert:  JimLawyer replied 11 days ago.

Template letter below :

(insert their name and address) (insert date)

LETTER BEFORE ACTION

Dear Sirs,

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 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 14 calendar days).

Should court proceedings be necessary I will claim the court issue fee and statutory interest. Should I succeed in obtaining a judgment, same will be transferred to the High Court for enforcement against you whereby further costs will be added to the judgment sum.

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 11 days ago.

I hope this answers the question. If you have any follow up questions then please do let me know. If you would prefer to speak to someone in your first language, please let know - I will then opt out of the question to let someone who speaks that language to assist you.

Many thanks,
Jim

Expert:  JimLawyer replied 11 days ago.

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

Customer: replied 11 days ago.
gave us £ 400 in cash, of which £ 40 was counterfeit. I don't know how the police go to this jury, but I think fakes should be punished or not?
Customer: replied 11 days ago.
Sorry my English is not good. Write with Google translate . My language is Lithuania
Expert:  JimLawyer replied 11 days ago.

Yes, the Police should do something if counterfeit money was used.

Customer: replied 11 days ago.
but they do nothing of it, and say to you. I'm confused because I don't know English well and I don't know where to go, etc.
Expert:  JimLawyer replied 11 days ago.

Thanks, ***** ***** I feel that I have answered as much as I can and perhaps another expert will be able to offer more than I can.

I will therefore opt out to let someone else take over.

Customer: replied 11 days ago.
thank you for the help,
good evening to you . Bye
Expert:  Nicola-mod replied 10 days ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find continuing a new 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 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!
Nicola
Customer: replied 10 days ago.
I just want to know where to go for counterfeit money?
I was fooled yesterday ... gave me counterfeit money. for me that £ 40 is big money ...
we suffered a loss ...
I called the police and they just told me to contact you about the counterfeit money
Customer: replied 10 days ago.
can you get a lithuanian translator? it would be easier to call and explain everything
Expert:  Jeremy Aldermartin replied 10 days ago.

The only people that can prosecute counterfeit money is the police if they will not take it further make a formal complaint to the force in question. I trust this assists