h2g2 The Hitchhiker's Guide to the Galaxy: Earth Edition

Entry: How to write a complaint letter if someone owes you money - A792498
Author: Archangel Galaxy Babe ACE - U128652

Short but sweet, I hope this contains relevant information on how to make a complaint about money owing.
If anyone wants to know what I've been through regarding this in the last month, read my journal.
Otherwise, I'll be grateful for comments on the entry.

Hiya Galaxy Babe,

"If this money is not received within seven days I will sue you/your company in the small claims court."

I used to work as the office manager for a small company, and the standard letter we used for reminders would end: "If payment is not received within 14 days [for example], legal proceedings will follow".

What you have to watch out for is the fine line between a reminder and a threatening letter - the latter could get you into a lot of trouble

Jims

Dear AGB

I'm so very sorry to read about your problems. Sometimes life is so unfair. Might it raise a little chuckle if I summed the situation up in a headline?

Dream Bungalow Held Up By Red Tape, Surveyor reports

Regarding the entry, now is probably not the best time to be writing it, because to achieve balance you need to be able to step back from your own situation, which you can't do while you're in the thick of it. Better to wait and see how the present situation pans out first, and then write from your experience. But it's always a bit dicey giving legal-type advice (unless you are a lawyer, but then you wouldn't give it for free!).

I'm sure you have a lot of support here, and that's the most important thing.


and another


Bels

Having worked in credit control for years and bleeding years, I can guarentee that they won't pay within 7 days. Jim is right, 14 days would be more realistic.

They also won't pay any charge for the letter that you sent, and I doubt that would stand up in a claims court. Banks have a tariff of charges, so you know you will be charged if they write to you. There's unlikely to be such a tariff between the average joe and another company.

Trying to charge them for your hourly rate will also come to nothing, and may just make them less likely to pay anything.

In cases like this, I can only recommend phoning, it's much more intrusive, and they can't put you aside and think about it later in the way that a letter can be put aside. Even better if you can go in person, and tell them that you will wait for them to raise a cheque.
Sorry to bring such a downer, but I spent five years chasing unpaid invoices, then even longer asking for payment for unpaid taxi bills, and believe me, I know what I am talking about.

i wondr if that would work on MaW, he owes me money.......

seriously though, i dont know how favourably the BBC laywerbats will look upon this. you might be better either doing a rant and giving it to the post or doing a strictly law based piece on what your rights are in the UK if someone owes you money........

amusing though this entry is i dont thinks it will make it through editing for legal reasons. i reakon it needs relevant statutes and stuff added.....

still, nice to read though.

did you get your money back?

FABT

it's not the pub at the meet up is it?

Or indeed, phone and then follow up each phone call with a letter, detailing the events of the call and reminding them of the agreed action.

Most legal get-out clauses state that payment within 28 days is reasonable, which is why reminders are usually sent at 14 days and final notices at 28. After then, a final reminder, and then a County court summons, which can be arranged via a form from your county court.

(and fingers crossed you'll be able to sort your own issues out soon, GB. All the very best!)

Jims

Thanks everyone.

No, I haven't got my money back yet.

The cheque can't be collected, the firm is in Bingley.

The good news is, the second building society I tried, have taken my money & sent the surveyor.

Shall I offer this entry to Shazz for the Post then, it was meant light-hearted, for h2g2 readers who might search for advice on how to write a letter of complaint.

Damn right I won't charge, but I'm not legally trained {I just watch a few of tv lawyer shows like Ally McBeal}
Considering my solicitor wrote thanking me for engaging him to do my conveyancing & informing me his hourly rate was £95,

I guess it will be funny to me, in a few months time!

i work in a law library. i have to say a lot of baby are NOT nice people. but it might gladen your heart a little to know that the research that lawyers have to do to fight these cases is incredibly expensive. you have internet based systems whose names mainly end in ....exis and they charge an absolute fortune for subscription. looseleaf volumes wich are updated regualrly (totally necessary) cost upwards of £200 for the first issue and then each subsequent update is expensive too....some come out every month. textbooks which i presume lawyers must refer to from time to time are unbelievably costly.....probably due to small print runs and a captive audience... anything on banking is especially pricey, i've seen them for over £300 just for a regualr size text book. then there are law reports which are literally reports of recently completed cases. these come out daily/weekly/monthly/yearly etc depending on the topic and on how uptodate the law firm needs to be. and theses are VERY expensive. thenthere are the journals relating to all the various specialisations and about recent developments and the impact of test cases and new act amendments........

so they do actually have to spend some of that £95 on research even if they actually spent the whole hour picking their nose and got a skivy paid 20p an hour to do the work for them. to let the scivy near the nbooks required a £6000 investment.

having said that though i have decided i will never accumulate any money or goods or relationships so that i never have to go near a lawyer and when i die there is nothing for them to steal.

good luck

FABT

I tend to agree with the advice already given, AGB, particularly the 14 days.

I worked for many years as a consumer adviser. I used to advise them to put their complaints in writing, keep a copy, sent it recorded delivery and if there was any chance that the company would refuse delivery, send an additional copy by first class post with a certificate of posting.

I would always put a heading on the letter pointing up the subject, eg 'Request for refund of money owed' or something else appropriate.

In a first letter, I would not threaten legal proceedings, I would advise the person to say something along the lines of 'If I do not hear from you by (date), I shall take the matter further and leave heavier stuff for a follow up letter. Courts want to see that you have taken all necessary action before going to court - it is a last rather than a first resort.

If the person/company has bounced a cheque on you - that's easy - just head your letter 'Dishonoured Cheque' and give them an opportunity to make it good, otherwise you'll take action on the cheque.

It's probably worth mentioning in the entry that if the person/company you have the dispute with is a 'man of straw', ie of no means, then you can sue to your hearts content, but if the defendant can't pay, you won't get your money and you'll have wasted your effort, particularly if you've sent the baillifs in, all of which costs you money to do.

To add to previous comments, I don't think you should lightly recommend going to court. This is something that needs to be considered seriously in the light of all the circumstances, because there are pitfalls and it could easily rebound on the plaintiff and leave them worse off.

As far as your personal case is concerned, if your complaint is against the local branch of some bank or building society there is a certain amount you can do locally. Bear in mind that a local branch manager is responsible for the performance of the branch, and local reputation has a large part to play in that.

The first thing to do is to try to get as high up the ladder as possible, at least as far as the branch manager, or at least assistant manager. There's little point in dealing with underlings, who are probably just doing what they see as their job in refusing your request.

If you cannot get high enough, or if you do and it doesn't help, try and interest the local newspaper in the story. They may well contact the manager for an interview, and even if they don't get one it will send a strong message.

You could go into the branch at a time when there are lots of customers there and make a scene. Demand to see the manager. Demand your money back. Make a nuisance of yourself within the branch, within legal bounds of course. Walk up and down the pavement outside, carrying a placard demanding justice. If you stand still you could be arrested for obstruction (I'm talking UK here) but if you keep moving it's quite legal (don't write anything libellous on the placard, though).

---------

It could be really good to have a guide entry on how to get what is owed to you. But there'd be a lot involved - probably a collaborative effort would be good, with perhaps various different case histories.

Well worth considering.

Bels

Hey Galaxy Babe et al,

Just to let you know that this entry has been scouted, but can you let me know when you have added the info above so I can process it for inclusion in the Edited Guide.

Thanks

Ashley

I know that Galaxy Babe is really busy over the hols, so I'm leaving this terrific entry in PR until the gorgeous divine one can come back to it.

I'm looking forward to seeing this in the Edited Guide.

I have serious doubts whether this one is good for the edited guide.

It might work in the UK, but I guess the systems are quite different in: Germany, US, Brazil, Guatemala, Cuba, Philippines...

I think we should be more careful with legal advices.

I would like to hear some resonance on that.

HELL

Oh Ashley, you've made my day/week/month nah, year!



I will get back to this, and maybe add that threatening legal action is never the first course....

Just another week and a half of the school holidays to go.......

*mops brow*

I have been unable to access this site recently and so missed this informative entry. I concur with the advice regarding local law - some countries may differ in their approach to such matters. But so long as this is addressed in the beginning, this entry would be most helpful to people in a difficult situation.

My legal advisers have warned me it is no longer acceptable to threaten debters with violence - it makes it harder for them to beg if they cannot kneel.

TB

Re-writing this entry now, Ashley

All done.

Looking a lot better. The disclaimer you added is IMO essential. I noticed that you (and some other researchers) have also expanded the Entry somewhat. I think the Title should now change: "How to complain if..." As it is not just on writing letters...

My 2p.

HELL

I changed the title last night.