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Alice H
Alice H, Solicitor/Partner
Category: UK Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Through our business we red a Debt Recovery Agency to

Customer Question

Through our business we hired a Debt Recovery Agency to recover a debt for us. They obtained a CCJ and High Court Writ but still Debtor not co-operating. They then asked us to pay them £590 to serve a Petition for Bankruptcy which we did. This was 4/5 months ago and they haven't done this. They are now refusing to give us our money back. What action can we take against them. Thanks
Submitted: 1 year ago.
Category: UK Law
Expert:  Alex J. replied 1 year ago.

Hi. Thank you for your question and welcome. My name is ***** ***** I will assist you. Why haven't they served the petition? Are they a regulated business? Kind regards AJ

Customer: replied 1 year ago.
They are an LLP Company and have emailed me that they have served the petition but cannot provide me with a case number. I have contacted the court myself and they say they haven't received anything. I don't know why they haven't done it.
Customer: replied 1 year ago.
I told them unless they can prove that they have done it I want my money back as they haven't provided the service that they promised. They just avoid giving me a straight answer and just keep repeating that have done it.
Customer: replied 1 year ago.
I have copied these 2 emails that we have exchanged today to give you a bit more information. The first one I received after asking where our money has gone.SandraPlease accept my apologies but rest assured, we have delivered what we promised.The fees that have been paid are £590.00 broken down as follows.County Court Fee
High Court enforcement
Petition for bankruptcy.Please find attached a copy of the notice that has been signed by him, at the previous address. Furthermore, we are led to believe he has moved address and requires tracing. I have copied you into an email sent last week and will send a further one that can be used as well.No refund will be given by us as the money has been spent as above.I will not terminate the agreement with The Sheriff Office as we will be charged an abortive fee which is £75 plus VAT. H&J Recovery Services LLP will not cover this if the client chooses to end our agreement.Rest assured, I am personally doing EVERYTHING I can to recover your money as our fees are required from him as well.I hope this email does answer your queries but please kindly contact me for any further information.Kind regardsThis was my reply;Jason,I have received your email this morning but unfortunately this does not answer all of my concerns.1. The fees paid to you already in the sum of £590.00. I will need copies of the relevant documents with itemized receipts for payments made by you on our behalf, these are required for our accountant. I would like further information on what the County Court fees are and what the High Court Enforcement charges are. We have already paid £200.00 for the High Court Writ which includes a compliance fee. The Sherriffs website states;"HCEO fees are recovered from the judgment debtor when enforcement is successful. If enforcement is unsuccessful, the judgment creditor only has to pay a Compliance fee. You do not pay any other costs associated with the enforcement of your writ."I have also confirmed this with them personally so therefore we should not be paying any further charges to enforce the writ.
With regards ***** ***** Petition for Bankruptcy which you say you have served to Mr Khan and the Court, I have still not received proof that this has been done. I require the name of the Court it was served at, the date and the case number.2. With regards ***** ***** your agreement with the Sherrifs Office, I have contacted them and if the responsibility is being transferred back to us there will be no charge to H & J Recovery Services LLP. Also the £200 we paid to you on 15/9/2014 includes the abortive fee so that is covered anyway.3. With reference to the attached Statutory Demand for Payment. This proves nothing.
I have been onto and this form can be completed online in a few minutes free of charge. The form is only partly filled out as parts B and C are blank. This does not prove that this document has been served on Mr Khan as there is no signature. It only proves that you have filled out a document online and sent a copy to me.I therefore confirm the deadline of end of business on Friday September 18th 2015 for you to answer all of the above points to my satisfaction.If this is not received I will expect a full refund of £590.00 for monies we have paid to your company for services you have failed to provide.
I will expect you to contact The Sherrifs Office and inform them that you are no longer acting on our behalf and I will confirm our termination of our agreement with H & J Recovery Services.
I have spoken to Citizens Advice who have passed our referral to Trading Standards. I will be contacting them on Monday morning with full details and copies of all emails I have sent and received. I will also begin legal proceedings to recover our money.He has replied to this just to say he is happy with the service he has provided and therefore will not be refunding any money. He didn't respond to any of the points I raised or forward any documents I requested.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Hello, are you able to answer my question please...
Expert:  Alice H replied 1 year ago.

My name is ***** ***** I am happy o help you today. I see that you would like to arrange a telephone call so I have sent you an offer of additional services.

Customer: replied 1 year ago.
Hi, thanks for this offer. I have already paid £33 and not received an answer so is this taken into account with the new offer of a phone discussion? I do not want to pay an additional £40 on top of the £33. If this is the case I would prefer to continue with the email conversation.