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RJM Law
RJM Law, Lawyer
Category: Law
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Experience:  LL.B (Hons)
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Someone owes me money and I wonder if I can sue. I used to

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Hello, someone owes me money and I wonder if I can sue.
I used to live in a house, where I had my internet on a contract. I needed to leave before the contract had ran out, so I struck a deal with the new tenant that we’ll move it in her name.
She and I signed the paperwork, we sent it out and we thought that was that.
However, one year later, I noticed I was still getting charged for this internet! It turned out that TalkTalk never received our paperwork, so just kept charging me. The tenant who should have been paying for it was apologetic and said she’ll send me the money I had been charged. But recently she stopped answering my messages.
I know it’s my bad for not checking my statements so consistently. But I don’t think I should have been taken advantage of like this! She had agreed she’d pay for this. I don’t have copies of the TalkTalk paperwork, but I have all the conversations with this tenant in chat.
Is this something I can sue her for and win?

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Thank you for the question.  If someone owes you money, you can claim this back through the courts yes, if it is less than £10k you can use the small claims action.   Prior to intimating small claim proceedings, you will require to send a letter to the respondent.  It is a simple letter stating that if they do remedy the matter as you have outlined (in the same letter), you will take legal action against them.  This is referred to as a. pre-action protocol letter.  You can complete the forms for a claims action easily online.  You will have to highlight what the issues are and tell them how much you are claiming for, to be honest the first are straight forward and self-explanatory.   If you feel you can do this yourself then you don’t really need to hire a solicitor, but I will provide details for you in case you feel you want to.  You will then receive a response to the claim and a court date.  On the day (unless they offer a settlement) you will appear at the local court and basically provide your evidence and give you claim to the judge, and they will response.  The judge will assess the merits of the claim and defence and make a judgement this may be relatively easy for you to prove so the respondent may well offer a settlement in the meantime.  In terms of evidence, ensure you keep copies of all correspondence, photo’s, social media items etc. you have in connection with the claim.   These can be used to strengthen your case and will be considered in evidence by the court at the hearing.  The strength of your evidence may also help to obtain an ex-judicial settlement.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

https://www.lawsoc-ni.org/solicitors (N. Ireland)

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.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

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