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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 47388
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My daughters former boyfriend has defrauded me out of money

Customer Question

My daughters former boyfriend has defrauded me out of money for payment on a holiday that he's never intended to pay,he soley held himself responsible for collection for this money as a represented of a collective group and has now cut off all ties.the sum is approximately £2200.
Do I have grounds, it was a verbal agreement with witnesses.
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you have ways of contacting him, such as a postal address?

Customer: replied 1 year ago.
Do i have grounds for a civil action
Expert:  Ben Jones replied 1 year ago.

Yes there are grounds but do you have ways of contacting him as a civil claim will require an address?

Customer: replied 1 year ago.
I have his address,I want to show my resolve before action
Expert:  Ben Jones replied 1 year ago.

Yes, do not just go ahead and make a claim, try to resolve things beforehand. As far as your legal position is concerned, whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no 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 ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 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 recover the debt. 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 www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
Okay will keep you appraised,do you have or recommend an appropriate letter template for this
Expert:  Ben Jones replied 1 year ago.

There are a lot of templates out there but many are going to be in relation to disputes with traders so you will just have to amend them to reflect your own personal circumstances. For example you could look at these:

http://justclaim.co.uk/small-claims-guide/starting-claim.html

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.