[richywilts]

the person who ran the business whilst i was away as a limited company in his name etc with different bank account has recieved over a £1000 of payments from my customers by mistake instead of paying into my account

he hasnt returned the money this is ongoing and he uncooperative

what position am i in here can i go th legal route and make a claim in the court for a summons or is this matter between him and my customers

This is really quite easy and straightforeward. The customers you have cleaned have paid him instead of you. For whatever reason they have failed to note your new bank account details.
 You write to him, recorded delivery and make a copy. You point out to him in writing what has happened and ask him to foreward you the money that has been mistakenly paid to him. If he ignores the letter, or you do not get a response. Then send him another one, about 14 days later, again recorded delivery and ask him to return the money that has mistakenly been paid into his account. Give hi 14 days to respond, failing which you will take legal action to recover the money. You should also , in preperation for any possible Court action and of course to detail exactly to him what you want, list the payments you believe have been paid to him. If he doesn't pay up and offers no expkanation of why he is not paying then fire off a Small Claims Summons, detailing what you want and why.
MCOL, MOney Claims Online.  https://www.gov.uk/make-money-claim-online

https://www.justice.gov.uk/courts/northampton-business-centre/money-claim-online/frequently-asked-questions

this was what i was after after seeing previous post using the gov.uk small claims summon i thought it would be official and useful just wanted to be sure im in right to claim and not the customers

[*Hector*]

Do what Clean clear says apart from 1 thing......

Do not send it recorded delivery.... If he doesn't sign for it he can prove that he never had the letter....

Send it with proof of posting from the post office (free) and all the courts in the country deem it to be served (delivered) 2 days after posting...