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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 61205
Experience:  Qualified Solicitor
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I have done an T. preparation for a client who I have worked

Customer Question

Hello. I have done an M.O.T. preparation for a client who I have worked for before. The job came to approx. £800.00.THe job was ndone in June of this year 2019.I have sent three invoices and even arranged with her to go to her home to collect it. I was informed by her children that she was ill in bed and that the husband had not left her the money.I put ina further invoice but to no avail. She is now completely ignoring me now. Its not a large sum but its now the principal of it. I am a small one man recovery company and cannot afford to let it go. PLease can you advise me?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No manager. Its a private horse box and you are the first lawyer I have spoken to. Tried A Debt Cllector but he said the sum was too small for him.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Sole trader and no union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not at this moment
Submitted: 12 days ago.
Category: Scots Law
Expert:  Ben Jones replied 12 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Expert:  Ben Jones replied 12 days ago.

Have you sent a formal request in the post?

Expert:  Ben Jones replied 12 days ago.

and was she made aware of the final amount, prior to you completing the work?

Customer: replied 12 days ago.
Invoices and reminders
Expert:  Ben Jones replied 12 days ago.

By email or post?

Customer: replied 12 days ago.
continue by email
Expert:  Ben Jones replied 12 days ago.

Can I just check, did you email or post the invoices or reminders?

Customer: replied 12 days ago.
Does the £44.00 still apply?
Customer: replied 12 days ago.
WE will stick to the online conversation please.
Expert:  Ben Jones replied 12 days ago.

Just a quick clarification on phone calls – the pop-up offering you the chance to request one is automatic and I have no control over it. Therefore, if you request a call back there is no guarantee that I, or anyone else, would be available to fulfill it. At present, due to outside commitments, I cannot take calls but your request is open and visible to all other experts. If someone is available, they will accept it and call you, but if no one is free, then it will remain open until it is accepted or you decide to cancel it. In the meantime, you have already paid for a written response and that is the part I will continue helping you with when you provide the information requested

Expert:  Ben Jones replied 12 days ago.

Many thanks for your patience. If a party wishes to pursue another for a debt arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

 

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 should be sent a formal letter before court action asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the debt in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

 

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.scotcourts.gov.uk/taking-action/civil-online-gateway/welcome2. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

 

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

 

Does this answer your query?

Expert:  Ben Jones replied 10 days ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 9 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you