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Ben Jones
Ben Jones, Solicitor
Category: European Law
Satisfied Customers: 38567
Experience:  UK Qualified Solicitor
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Possible fraud, breach of own conditions, ID ticket 90 days

Resolved Question:

Possible fraud, breach of own conditions, ID ticket 90 days old on coming Friday.

Ladies and gentlemen.

This is a simple case:

Manchester asked for deposit to secure place.
Manchester cancelled course after having got deposit due to lack of students
Application sent to Birmingham.
Birmingham could not offer place due to lack of awarding body.
Application then withdrawn in July with ID ticket issued on the 4th.

Since then all we have heard is that the return of £3000,- is under review.

So because of the amount of money involved, unless we see some movements in this case by the end of coming Friday, we will be
forced to report this to the appropriate authorities and start a case against you.

We do not want this kind of confrontation, but someone with authority to return the deposit does not seem to react, or even dear
to come forward and communicate directly with us.

Hoping for an action from LSBF by the en of Friday this week.

Kind regards

B. K. Wilhelmsen
Oslo Norway.

what is your suggestion as to next step, considering nothing happened with mail above to LSBF?
Submitted: 10 months ago.
Category: European Law
Expert:  Ben Jones replied 10 months ago.

Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know If there were any conditions which would have allowed hem to keep the deposit?

Customer:

No not in this case. My daughter was never given a place in LBSF. Their conditons state return of deposit no later than 45 days after issueing a ID ticket.

Customer:

Hope you get back into the chat.

Ben Jones :

Do you have a correspondence address in the UK?

Customer:

yes, my daughter. Caroline Wilhelmsen. mail:XXX@XXXXXX.XXX. Easier to use my mail in Oslo.XXX@XXXXXX.XXX.

Customer:

adress daughter: 11 Garnett Green, Ormskirk, Lancashire, L393 NL

Ben Jones :

OK no need to post it just wondering if you had one in general as that would be needed to take the matter further. So basically if there is a problem with recovering money that a party believes is legally due to them, they have the option of pursuing this as a legal debt. The following steps should be followed:


 



  1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

  2. Letter before action – if informal reminders have been sent but these have been unanswered, the other side needs to be sent a formal letter (preferably by recorded delivery) asking them to pay the money they owe within a specified period of time, usually 14 days. They should be advised that if they fail to do pay, legal proceedings will be commenced to recover the money owed. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action, which should be a last resort. It is therefore essential that it is sent.

  3. If they fail to pay as requested or do not make contact to at least try and come to some form of arrangement, this matter can be taken to the next stage and formal legal proceedings can commence. If this is just about an attempt to recover money the claim can be submitted online by going to www.moneyclaim.gov.uk. There will be a court fee to pay depending on the amount to be recovered (this is usually refundable if the claim is successful) but at least this will kick-start the legal process and hopefully prompt the other side into resolving this without the need to go to a formal court hearing. If the value of the claim is below £10,000 it will most likely be assigned to the small claims track which is a relatively straightforward process.


 


Finally, it is also strongly advisable to keep copies of all correspondence in relation to this, in case it is needed at a later stage.


 

Customer:

thanks. I recond we will have to follow your advice.

Customer:

we might even give you the case. On internett you find another 177 subjects with the same problem with LBSF

Ben Jones :

We cannot take on clients via this site unfortunately but you do not need a solicitor to take this to the small claims court, this is a venue aimed at individuals and small companies who cannot afford legal representation

Customer:

ok thanks again.

Ben Jones, Solicitor
Category: European Law
Satisfied Customers: 38567
Experience: UK Qualified Solicitor
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