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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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which court claim form do l use if l need to take my wedding

Customer Question

which court claim form do l use if l need to take my wedding photographer to court. i paid for his service but now its been one year and we never recieved our paid for product.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know what are you trying to get out of this - just a refund for the money you paid?
Customer: replied 3 years ago.


we want our paid for products, wedding album, video and we paid his full payment for his service

Expert:  Ben Jones replied 3 years ago.
Whilst you can ask for something called 'specific performance', where the court orders the other party to do something specific, such as provide you with the albums, video, etc there is nothing that can be done if they still refuse to comply as it is not possible to physically force someone to do something. So you can never guarantee that they will provide you with the items you paid for. Instead you will be seeking financial compensation to cover the fees you paid plus any extra compensation for disappointment incurred as a result.

To make a claim for financial compensation and specific performance you can use form N1:

http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

if you wanted to make a claim for financial compensation only you can do so by going to the MoneyClaim Online service here:

www.moneyclaim.gov.uk

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 3 years ago.


What about the return of goods form. I believe l can get my paid for products. I can not claim money back we need our wedding video and photography back . What is a part 8 claim form for .

Expert:  Ben Jones replied 3 years ago.
what return of goods form are you referring to exactly? A Part 8 claim allows someone to ask the court to answer a question of law assuming there is no dispute as to the facts. This will be of no use here
Customer: replied 3 years ago.

which form do we need to fill for specifi perfomance. We have filled form N1 and it was retuned to us and where advised to fill return of goods claim form by the court. we are not sure which claim form to use alll together as we are not claiming for any money but only want our paid for products to be returned. we know his company is still trading and we have seen our pictures on his website and all of them are there. The only problem is its been a year and his contract stated that we will recieve every thing after two weeks. But we explained to him that we are going to our honeymoon in Mauritius and will select our pics for the album after two weeks. He agreed to that and said , after we selct our pictures, we will get everything by post. We did select the pictures and he gave us a pass word to see them online (on his website). Now we have contacted him several time s, but his answer was, he is busy as he has so many clients and will process our album and video when he gets time. now its been a year and still does not reply and we have recieved nothing. we asked some of our friends who has used him before and they advised us to take him to court. we only need to know which form do we fill .

Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

You need to complete form N1.

In your particulars of claim (on the back) you say that you are seeking an order for specific performance.

You can draft your own particulars but this is normally done by a lawyer.

You fill out form N1.

You need to complete 3 copies and pay a Court fee of £175 - it is fixed.

I hope this helps.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.



UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Expert:  Ben Jones replied 3 years ago.
Hello, my colleague's answer has not added anything new or different to what I have already said. As I already mentioned in my initial advice I you need to complete form N1 which is available here:

http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Once you have done so the court will notify the other side that they have a claim against them and you can take this further, hopefully to a successful resolution.
Customer: replied 3 years ago.


its not because of your answer, i really apprecaite your answers but for the fact that l paid my money and you decided to just leave me there until some one took over proves that you did not care. I was happy with the conversation but you do let people know , you are leaving or dont want to talk to them not just leaving.

Expert:  Ben Jones replied 3 years ago.
As we are all practising lawyers we do unfortunately get called into meetings quite often and it is not always possible to notify customer that this is the case, especially as I had not yet heard back from you by the time I had to leave. In any event, any absence will not be for long and you will hear back from us sooner or later. So I do apologise if it appeared that 'I do not care' but that is certainly not the case. Before you go could you please confirm if you did mean to accept my colleague's answer which was just a repetition of my original one as that will imp[act the way the scores and ratings work here. Many thanks

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