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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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Hi there, You helped me with a question last week and I

Customer Question

Hi there,

You helped me with a question last week and I now have developments that I need to discuss with you if possible (I understand there will be a charge involved)

Many thanks
Cathryn
Submitted: 3 years ago.
Category: Law
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.

Sure - how can I help?
Customer: replied 3 years ago.

Hi there,


 


I wonder if you could now help further. I will go ahead assuming you still have the details of our last interaction.


 


 


I did as you suggested and got other quotes for similar work conducted by similar companies and came to an average of £350 which I deposited into the company's bank account. I listed my complaints about the service they provided and why I feel that I was not entitled to pay the full amount. The full £470 was agreed to clean mould from the entire flat, but they only cleaned one bedroom and now wanted the full £470 payment for that.


 


I received an email back saying that they agreed that the VAT should not be charged, but that I am still liable for the £470 now including VAT. Meaning that I still owe them £120 (above the £350 I deposited).


 


They are now saying that they are handing me over to their debt collectors who will run credit checks on me and this will impact my credit record. She is also saying that she will pursue the matter in smalls claims court.


 


I really do not want to pay them as I feel its grossly unfair. And I don't want to enter into any further conversation with her at this point as she continues to harass me with combative emails and is not seeing my side of the argument at all.


 


My two main concerns at this stage are: 1. How will this affect my credit rating if I need to apply for credit at a later stage and 2. How will the small claims process work if I live outside the UK at the moment.


 


In my last email to her I said the £350 was in full and final settlement and that no further correspondence will be entered into, but she has come back with yet another derisive email and I know that if I email back it will just continue to be a slinging match.


 


Where do I go from here? I would greatly appreciate your help as this matter is really distressing me!



Thank you

Expert:  UK-Justice replied 3 years ago.
It wont affect your rating.

Even if they hand it to debt collectors they cant do anything to your credit record.

Even if it went to a small claim and even if you lost, if you paid the CCJ within one month it would be cancelled and would not show on your credit file.

You have done right, got quotes and paid what you think is owed.

If they cashed the cheque or accepted the offer in full and final settlement - they can not take it any further.

If they do any claim will be thrown out.

I hope this reassures you.



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.
Customer: replied 3 years ago.

But the problem is she didn't accept the £350 as full and final settlement. I have put this into their bank account so they have received it, but is refusing to take it as final payment and still wants me to pay the additional £120.


 


If they take it to small claims, and I am not in the country, what will happen? How long will it take to reach court? I REALLY don't want to have a CCJ against me!


 


Do you think I can just ignore her last email? Or should I once again state that I am not prepared to pay anymore?


 


Thanks so much for your help!


 


PS sorry about the double questions - I went through the wrong portal the first time.

Expert:  UK-Justice replied 3 years ago.
Thanks.

So its only £120 you can be sued for.

The Court can read your statements and make a decision without you.

Or when you ask the Court to list it, you can give dates to avoid.

You should just email back and say that you consider the matter resolved.

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 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Yep, its only £120! Seems ridiculous, but its a lot of money for me, especially as I still have to carry the remainder of the works out at the flat!


 


Thanks very much for your help. It does put my mind at ease and hopefully they won't take this further, but I have a feeling she might just do that!


 


Anyway, thanks very much.


Cathryn

Expert:  UK-Justice replied 3 years ago.
Welcome!
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

Hi there, I think your answer did help yes. Thank you. But unfortunately the contractor has insisted on handing me over to debt collectors, so I am concerned about the case going forward. I did mention that we will therefore need to settle the claim in small claims court as I feel I am being reasonable. Can I counter claim for costs incurred to appear in court? I don't currently reside in the UK (I keep my property there), so if I have to appear in court, I will need to fly over. I mentioned this to her, but I'm not sure if the court will entertain a counter claim of that nature!

Expert:  UK-Justice replied 3 years ago.
Cost would be awarded at the end if you ask the judge yes.


If there you have any questions or if I can help you with anything else please let me know.


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.
Customer: replied 3 years ago.

Thank you so much.


 


In your opinion do you think I might win this case if it went to court? I'm concerned about debt collectors fees, etc.


 


And, would you be able to give further advice on how to deal with the case in court at a later stage (obviously, I understand there will be additional charges)

Expert:  UK-Justice replied 3 years ago.
It really depends on the judge, litigation is not always certain.

And yes to further help


If there you have any questions or if I can help you with anything else please let me know.


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.
Customer: replied 3 years ago.

Thank you very much. Fingers crossed it all works out!

Expert:  UK-Justice replied 3 years ago.
Good luck

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