We usually write what to do when we have debts that we cannot get out of. This time, however, we will present the opposite. So what to do if a person or company is behind us money. For example, how to recover money from an employer in the UK? Or bank account fees.
Borrowing money always involves some risk. Our debtor, due to bad will or independent circumstances, may not give them to us. It can be an employer, but also our colleague or even a family member. We also often wonder how to recover money from a pension or for keeping an account.
General rules for debt recovery
There are many types of debts. We can demand a refund for low-priced goods from the store or payment for a multi-million contract. The basic issue is evidence. It is on their basis that we can assert claims. If the debtor is a contractor, it is very important to draw up an appropriate contract, as well as with the client. When it comes to large amounts, it is worth investing in legal aid. In the event of dishonesty of the other party, the amount spent on a lawyer can quickly pay back. When it comes to smaller amounts, such as purchases, we always keep the transaction confirmation. Remember that in the event of a court hearing, we must prove to the judge that someone should give us the money. It will be very difficult or even impossible without a receipt or contract. Therefore, the larger the amount, the better we secure it.
What if I don’t have a receipt or contract?
In a situation where you do not have direct proof of the transaction or the conclusion of the contract, you can try a different path. You have the option of, for example, correspondence with a contractor or online store. Remember that as a consumer you are particularly protected by UK law. If the goods do not meet your expectations, most stores do not have problems returning it. However, it happens differently. In this situation, you can ask for help from Council Trading Standards. It is the office that protects your rights and assists you in the dispute with the seller. Sometimes they can even lead him on your behalf.
Check if the company is subject to good practice
In addition to legal standards, some industries have their own ethical codes. And they are also subject to them. It may therefore be that they will have to resolve the dispute with you, on terms that are more favorable to you. For example, you can count on free help or simpler rules than on a regular court path. You don’t have to worry if you feel injured as a result of internal industry regulations. They are not binding on you. You can still apply for a refund in the standard way in court.
What if you can’t recover debt amicably?
If all efforts and attempts at agreement fail, you must go to court. If the amount of debt is less than 10 thousand pounds, the case will be conducted in a small claims procedure. That is appropriate for small claims. In this mode, you cannot count on getting your money back into legal aid. So most lawyers will not want to represent you on a no-win, no-fee basis. It means that you pay a fee only if you win. The advantage, however, is that this mode is much more accessible to a person who has little knowledge of the law. You can count on the help of court employees. They may not give you legal advice, but they can help you fill out the relevant documents. And that’s a lot. Especially when you have strong evidence.
Citizen Advice Bureau
If you are not satisfied with the instructions on how to complete the documents and what steps to take, you can contact the Citizen Advice Bureau. They will help you with your case. However, remember that when you bring a case to court, you have to take into account court fees. You can apply for a refund if you win the case. You can apply for a fee waiver if you are on a low income or if you receive appropriate benefits. If you have funds, you can also use Polish-language legal assistance.
How to recover money from the employer in the UK?
Remember that not all debts can be recovered in court. You can’t do this, for example, with gambling receivables. However, if your debtor is an employer, you have a different path. Employment Tribunal deals with this type of case. The good news is that in this case you are exempt. However, before taking any steps, it is worth considering why our debtor does not pay us or gives us the money back. If it results from his difficult financial situation, it may turn out that we will not recover the amount due. In that case, we’ll spend money and even if we win the case, we won’t get anything.
You can recover money for keeping an account
As it turns out, large and well-known institutions can also be dishonest. For example, banks. Well, they had a very bad practice of setting up paid accounts for people who do not want or need it. Some years they paid several or a dozen pounds every month. As the Supreme Court and the FOS ruled, it was an illegal practice. These institutions forced banks to give back unlawfully collected money. If you have paid for years, you can get a good sum of it.
Common sense above all
The best advice we can give is to do everything to avoid going to court. It is therefore wise to choose contractors or principals. Buy in trusted stores that have a good reputation on the Internet. Of course, it is not always possible to predict everything. Sometimes, someone who inspires our trust turns out to be dishonest. That’s why you should always protect yourself properly. Especially when we buy somewhere or do business with someone for the first time. An honest man is unlikely to object when we want to enter into a written contract. Let’s also remember to have other evidence of the work done. For example photos or witnesses. Always keep proof of transaction for purchases, especially for higher amounts. Because, as we have already written, you will have to prove the validity of the debt in court, and not the debtor with your innocence.