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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I run a small interior design company. I invoiced a client

Resolved Question:

I run a small interior design company. I invoiced a client last year for a curtain project which was £10k to me, I put a small mark up on top (the client is a long standing one and I am always working overlong hours for free and often get manipulated into allowing him to pay my suppliers direct, so this was a chance to make up for that) it came to £12k. I asked for a deposit. Some of which went to the curtain lady, the rest I kept. I then pulled in a contact to help me compete the job due to work commitments, and she then had to charge him for additional fabric, work etc. he has contacted my curtain lady direct, found out I didn't give her the complete deposit I charged him, and therefore given me a court order for £1400 which he states I owe him for "services and products not received". Surely if I am running a business, my mark up and what I charge is entirely up to me and the fact that I ask for say 60% deposit of the full invoice, is my prerogative. The curtain lady received 60% of her quote to me. Where do I stand? If everyone only charged clients trade costs, no one would survive?!!
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did you not defend the proceedings please?
Customer: I only got the court order in the post yesterday, read it late last night and this is the first I've heard that the client was unhappy. I immediately called the lady who helped me on the job who could shed little light on it, only that the client had been a little cross that more fabric had to be ordered (curtain maker miscalculated and client changed his mind and wanted more details which required more fabric). Unbeknown to me he arranged to pay the remainder of my original invoice directly to the curtain maker and I think this is when he found out that I had not given the full 60% I'd charged him directly over to the curtains maker. But surely what I charge on top is my business?
Alex Watts : So you never received any previous court papers?
Alex Watts : In the top right corner does it say in the xxxxx county court and does it have the court crown seal on it?
Customer: Sorry, been working since we last emailed! Top right hand corner it says Northampton (CCBC) County Court and then under the Purt Address it has a round stamp (well, printed) stating the same info. It says Claim Form on the top left. Thank you ...so far!,
Alex Watts :

Ok - you can apply to set aside

Alex Watts :

You need to use form N244 to apply to set aside, found here:

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

But you need to show that you have a realistic defence

Alex Watts :

If you have a realistic defence then you can apply to set aside. You need to put your defence with the application to set aside.

Alex Watts :

It will then be transferred to a Court local to you. The Court can then decide whether to set aside.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Alex Watts :

Please remember to leave feedback before you go today

Customer: Apologies Alex
Customer: i tried to reply the other day but it wouldn't let me without trying to charge me more money. Is stating that I disagree and that I believe this because a standard mark up was included in the invoice that the client has disregarded sufficient realistic defence? I have filled in the form ready to send but not sure if this is ok. Thank you.
Alex Watts :

Yes what you have done is fine - do not worry

Ash and other Law Specialists are ready to help you