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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 16636
Experience:  Senior Associate Solicitor
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My business partner transferred covid grant from business

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Hi
JA: Hi. How can I help?
Customer: Hi, my business partner transferred covid grant from business account to his personal account in August 20. I was abroad at that time ,later we closed the business
JA: Where is your partner? It matters because laws vary by location.
Customer: He is in Birmingham
JA: What steps has he taken so far?
Customer: I came to know now, He also closed the account without mu consent. Nothing, he thinks ,I don't know, he told me lie that we didn't get grants
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He sold office furniture, I believe he owes me 1000 pounds,

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

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

Sorry to hear of the issue.

Is it just the £1,000 you want back from him or is there more?.

Customer: replied 3 days ago.
500 pounds more from the office furniture that he sold,
Customer: replied 3 days ago.
Sorry, I didn't know you change for call. Just answer in email or message. Thanks

OK, thanks. You could demand the money back and send them a letter before action - it would be a small claims case so no lawyer is required. I will set out how to pursue them and will give you an example letter to use too.

(Sorry, I am unavailable for a call - your request is open to all experts so someone else may contact you by telephone shortly)

No problem, if you want to cancel the call could you please let customer services know - they can be reached by email :***@******.***

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 this site: http://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. 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.

The court should offer you mediation to encourage you to resolve the dispute early on - though for mediation to work both parties have to agree to participate.

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 of 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 deals with- it's quite informal and no lawyer is required.

You would claim the sum for the loss, the court issue fee and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment.

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.

ou 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), 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.



(insert their 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 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)


I hope this helps

JimLawyer and other Law Specialists are ready to help you

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JimLawyer.

Thanks again,

Jim



Customer: replied 3 days ago.
Hi, The amount of grant is 10000 pounds and plus 1500 pounds, Doest it constitute financial fraud?

It sounds like they have defrauded the Government, yes. As they used the money for personal reasons and put it in their personal account. You could report them for this.

Customer: replied 3 days ago.
Hi Jim ,Thanks for your,Now I have clear pictures, can I have your contact number, also Can I straight was go to high court, after issuing the letter?

Hi, you would need to give them 14 days to pay you back. Given the sum it would be the county court, not the high court.

I can't give my contact number out, sorry - it's against site rules, but you can request me on this site for any future help you may need.

Thanks

Customer: replied 3 days ago.
Can you represent me in court, if yes how much is your fees?
We can't sorry - we are an internet forum and not a law firm so we can't offer representation. In a small claims case (under £10,000 in value) people generally don't use lawyers as the small claims procedure is set up for people without the need to use one. 

If you did want a lawyer, these could assist :

1. https://www.catalystlaw.co.uk

2. https://www.garrattssolicitors.co.uk

3. https://www.luptonfawcett.com