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Letter before Action - Mediation - Small Claim Court?

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  • Letter before Action - Mediation - Small Claim Court?

    @Kati, [MENTION=55034]nemesis45[/MENTION]
    I'm about to draft a letter before action (LBA) in an attempt to recover a large sum (£17.5K) from someone who offered to buy a VAT Law Case and my Company + Web address off me in October 2015. They have paid half (£17.5K) but constantly give excuses not to pay the balance - one excuse is they wish to do due dilligence on my very small company - the company and web address are worth very little on their own. I gave him an ultimatum 10 days ago asking for payment by tomorrow - I've not had a reply.
    On my LBA I'm agreeing to mediation, before going to court. Who does the mediation? Likely cost?
    I gave the person the option to pay an additional £5K for the one element he already has - the most important part to him, which is a valuable and extremely hard to find VAT case which 'could' give him VAT exemption; he is operating VAT exempt without authorisation and it would likely cost him in excess of £3M in back VAT and fines and possibly £6M. Have I ruined my case by giving him the option to settle for £5K? Should I just go after the £5K and forget the remaining £12.5K?
    The original verbal agreement, backed up in writing, was for £35K for just the VAT case but I felt it would help him to have my company name; no separate value was put on the company and web address.
    I'm assuming that as the debt is under £20K, it still falls under the small claims regime? Or do they take the whole agreement into account? He paid the £17.5K online before I handed over the Court case and it was non-refundable.
    It should be noted he paid a top London Law/Tax firm £20K trying to discover how I operated VAT free but they couldn't find the answer or the Law case I used to win my VAT case - there is no record of my VAT case as it was settled out of Court.
    Any help gratefully received.
    Wingco
    Tags: None

  • #2
    Re: Letter before Action - Mediation - Small Claim Court?

    Unfortunately small claims court upper limit is £10,000

    Comment


    • #3
      Re: Letter before Action - Mediation - Small Claim Court?

      Originally posted by ostell View Post
      Unfortunately small claims court upper limit is £10,000
      Costs increase as the amount of the claim rises as well.

      nem

      Comment

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