Legal Question in Credit and Debt Law in United Kingdom

recovery of monies owed

Our company sold a van privately. The person paid the deposit by cheque (�500) then the balance three days later. The cheque was then returned to us as 'Account Closed' The man apologised and after a lot of communication sent a BACS payment of �150 leaving o/s bal of �350. We have this man's mobile no but no address. The police say it is a civil matter and will not divulge the man's address. If he knew the account was closed surely this is fraud? What can we do to recover the money? How can we find this man's address?


Asked on 6/13/06, 5:37 am

1 Answer from Attorneys
Andrew Dutton Legal -Zone

Re: recovery of monies owed

You have a clear claim against this person based upon the dishonoured cheque which can be brought under the small claims procedure in your local county court. However it will be your responsibility to provide the defendants name in order that the proceedings may be served. I am afraid therefore that it is down to you to find out where he is now living and until you do this there is simply nothing you can do. Unfortunately you have no proof an intention to defraud you sufficient to bring criminal proceedings.

Andrew Dutton

www.legal-zone.co.uk

[email protected]

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Answered on 6/13/06, 1:27 pm


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