96sti

As above looking for some advice on legal action against someone

andy97

iTrader: (1)

If its something financial, then small claims court is the cheapest. Before initiating claim you must inform person in writing (registered post). you intend to take action, listing your disagreement and monies. Give tthem ideally 28 days to resolve and sort issue. If the person doesnt respond, this helps your case before judge.
https://www.which.co.uk/consumer-rig...ms-court-claim

Anything else, see local law firm for advice

andy97

iTrader: (1)

DP

^Qwerty^

Not sure that's quite correct, based on recent direct experience. I was dealing with a large software and services company who took money from my bank (via paypal) for services I had cancelled. I raised a support call with them, I provided as much information as I had, including emails, login's, IGN's and invoice numbers. We played email ping pong and they basically refused to answer my questions whichI put quite clearly in the ticket I had open with them. They then closed the ticket and said if I continued to make frivolous claims against them, they would consider taking action, up to and including account suspension. I replied back saying they should not close the support ticket since the issue is not resolved and if they did not answer my reasonable questions I would consider taking them to the small claims court. I got the same snotty reply.
I filed a claim on https://www.gov.uk/make-money-claim which was simple and quick to use.

The software and services company ignored the initial request so they were then issued with 28days notice to pay+costs+ interest, or as the program goes, "if you can't pay, we'll take it away"

The company then made contact with me, and settled directly and I closed the case.

As long as you make reasonable attempts to sort it between you, there is no 28 days on putting in a claim. The 28 days kicks in when or if they refuse to respond. It's a really easy to use service, so if someone owes you money, I'd give it a whirl. Just provide as much information as you can, and make it factual.

andy97

iTrader: (1)

We might be talking about a slight difference, but our experience was

We had a company do some work but not all of the work, which lead them to refusing to complete the listed works. They went straight to small claims after I said they were not going to be paid until I got other quotes to finish the unfinished works. I would then deduct the quotes from any outstanding invoices. We spoke to a solicitor, who advised us we had all the necessary paperwork and had followed the correct dialogue re non payment. The solicitor said that we should add an extra sentence in the rebuttal claim stating that the claimant had not issued pre notice of the claim allowing time for mediation, the claim should be dismissed. We won our position as the claimant got less than 20% of their claim(allowing us to finish our works without loss)

. However if it had proceeded to small claims in front of an adjudicator our position was very strong for the initial claim to be thrown out, because the claimant hadn't allowed any time for mediation over the disputed payments. If the adjudicator rejects the claim because of failure to follow procedure, the claimant loses their application costs and has to re apply again. after issuing Pre action protocol letter

This website clearly explains 'Pre Action Protocol'
https://www.nationaldebtline.org/fac...xoC-BcQAvD_BwE