Legal Question in Consumer Law in United Kingdom
Breach of contract
We have already employed a solicitor to claim money back for over payment and unsatisfactory work. It was agreed that a sum would be paid into my bank account by direct debit each month, the first two payments were recieved by cheque which we accepted, despite the breach of contract, the date at which the payment should be made this month has now passed and no payment has been recieved. what would be the most cost effective action to take to claim the rest of the money owed, as the agreement he entered into states that if one payment is missed procedes would be taken to claim the entire sum
1 Answer from Attorneys
Re: Breach of contract
In this matter you employed a solicitor who was able to negotiate a scheme of payment with a debtor for the monies owed to you. As so often happens in such matters, the first two payments were made (although late) and no further payments have since been made. There is apparently an admission of the debt and a clear breach of the voluntary agreement to pay it.
It is quite pointless in returning to this debtor with requests to honour his obligation. He has not done so in the past and with out compulsion he will not do so in the future. The only course of action open to you is to obtain a court order that he pays you the money owed, and you will then have access to the various methods to enforce this judgment. Such could be seizure of his goods by the court bailiffs, freezing of bank accounts or obtaining a charge and order for sale over property he may own.
Debt actions such as this are the simplest and most straightforward of all proceedings. It could well be that you will consider bringing the proceedings yourself, possibly with the free assistance available from our web site.
Let us know if we can help further in this matter.
Andrew Dutton
www.legal-zone.co.uk
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