Letter Before Action Help

[PC1994]

Hi, i'm about to write a letter before action as i'm making a small claim against someone (small procedure it's called here in scotland I think) but I need help, the templates on the internet are mainly for claiming against a business for faulty goods etc and i'm claiming for money I lent to someone who isn't paying back.

I also don't know his current address, he claims he is still living at his old address and has told my solicitor this but every time I go round there is no one there and it's more likely he's lying and has done a runner somewhere. So where do I send the letter to?

Thanks.

It really is a shame, because I think court does need that, you need to find someone who knows where he lives. I don't think there is a way around it. Do you know where he works?

Do you have any proof that at the time of handing over the money, he agreed to return it by a certain date? Have you mentioned to him that you'll be taking him to court should he fail to return the money? (important because you need something to prove legal binding) Anything in writing at all?

In your letter, you should mention that you're willing to work small monthly installments with him, and want to reach an agreement on this, but should he continue to fail, you intend, unfortunately to take matters to court.
Your letter should sound more like someone who really wants to work things out, and not a threatening letter.
You should also mention the time you've lent him the money, and what was agreed and return by date and how the mechanism was (e.g. Before I handed you the money, we've agreed you'll return the money by paying me this much monthly such that by Jan 2020 you would have paid me all my money back, however, I have only received 50 pounds paid to me on so and so date, the total remaining is bla)
List your payment details again (sort code, name, account number, bank name, and branch name)

You will need to trace him, someone took me to court recently and sent all the paper work to an old address to be sly I only found out when bailiffs came. I had to then dispute the amount and it was thrown out as he had not tried hard enough to find me.

You will also need to prove it was a lone and not just a gift

Hi, I used a tracing agency to trace him and got an address - I went to my local citizens advice for help drafting the letter and I sent it to that address and the other address as well just in case. He got in touch with me via e-mail threatening legal action against me as I had no right to send the letter to the address given to me by the tracing agent as 'he has never lived there and it is my mother-in-laws place.

This is the e-mails I received:

'You've had your reply and I'm sure you will be getting more than a reply from mother in law and her daughter your tracing agent needs to get a different job because I've never lived at that address. Like said take me to court they will see I have no income you might get £1 or £2 a week at court and I can't remeber signing any contract for you'

• We both definitely signed a contract stating he would pay back the money by a certain date so he is lying.

'You have had my reply by email take me to court as you have pissed me off by using an address I don't even live at don't bother giving me 28 days oh and I suggest you get a new detective as obviously you wasted money by sending a letter to wrong address I got to hear about it by email by her neighbour she put it back in post and said he doesn't live at this address your detective is not going to look very clever oh well not my issue so yeah there's my response take me to court I have no income will have some benefits the 2nd week in October but once they worked out what I get and what I have to pay out if it you might be lucky to get £1 may be £2 if your lucky '

• According to the report send to me by the tracing agent (which is 99.7% accurate supposedly) it says:

Confirmation sources: Credit Reference Agency link pointing to the property dated 28/08/2019 Full name and date of birth match at property

Investigation summary:

The subject of this trace investigation has been linked to the provided address based on the credit agencies Equifax & Experian linking the subject on the 28/08/2019 to the supplied address via credit or associated application data with a residency score of very high. This has also been supported by the subject’s partner listing this address on her bankruptcy report. We can also verify the subject’s partner is also listed as residing at the new address.

• Have literally no idea what any of that means, but is it likely that he is lying and he really does live at that address? He sent me another e-mail saying that he had emigrated abroad so 'good luck with the legal route' :

'Oh and when you go down the legal route just make sure you get the correct address ahhh but my be an issue though seems we've now emigrated abroad but anyway good luck with the legal route'

If he really has emigrated abroad (or is intending to to do a runner basically) what would my options be?

Do I still have to wait the full 28 days before I can make the claim or can I start now as he has replied and is obviously not going to pay back voluntarily. Thanks. I'm mainly worried that if I wait the full 28 days then that is plenty of time for him to do a runner and then i'll be back to square one with no idea where he is. I can't really afford another tracing agent and I definitely can't afford a solicitor. All my legal advice has from from Citizens Advice - they helped me draft the letter before action and are going to help me make the claim as well but have to wait until Monday as it's shut at weekends.

Thanks for reading hopefully someone on here can help me out, been tearing my hair out about this it's never ending and this guy knows what he is doing, I found out he's been defrauding and scamming people for years.

Have literally no idea what any of that means, but is it likely that he is lying and he really does live at that address

It means that last month he applied for a credit card, loan or similar and gave that as his address. His current partner has filed for bankruptcy at some point and also gave this as his address. She is also living at this address. He is lying. He has not emigrated unless he has done so in the last 3 weeks. He is almost certainly living at that address.

As he has replied you can now proceed with your claim.

You have proof he has acknowledged the debt and the action you've raised.

Thanks for the replies.

I sent 2 letters before action - 1 to the address the tracing agent gave me and 1 to the address he told me he was staying at. I done the 'track and trace' thing and it seems like he signed the letter that was sent to the address that he told me whereas a neighbour had to sign for the tracing agency address.

If he actually doesn't live at the address the tracing agency gave me and I make the claim to that address will it be thrown out? That's another thing i'm worried about. I can only afford to make the one claim so I need to make sure I 100% have the correct address.

OK about to commence making the claim online - not sure which address to send it to though? The one the tracing agent gave me or the other one? Someone with the same surname did sign for the letter before action at the other address whereas a neighbour signed for the tracing agent one. What would happen if I sent it to the wrong address?