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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A previous client paid me £12k in July 2011, mainly for business

Resolved Question:

A previous client paid me £12k in July 2011, mainly for business advice
Also to include live training and also a detailed 490-page manual
She provided excellent feedback at the time, including a brief note
And signed a simple agreement stating No refund, etc
But she failed to follow through with the guidance and support provided
Has since demanded a full refund, saying she was misled, etc
She herself is trained in law, but not a lawyer
She briefly agreed to an ex-gratia payment from me of £3700
Will not agree to mediation, etc
But since has pushed for Court action, to attempt to get the full amount
Court hearing is on May 1, at Watford - small claims track

What should I provide to the Judge, to further prove my case?
Or can I further push for mediation, or other option?
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 : You need to supply documents on which you seek to rely upon.
Alex Watts : So everything that supports your case You need to send to the court and the other side.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

As I previously offered an ex-gratia payment, will the Judge ask me to agree to this at the hearing?

Alex Watts : No, that should not be disclosed.
Alex Watts : It is only about liability,
Alex Watts : After liability has been established can you raise any previous offers.
Alex Watts : Does that help?
Customer:

Do I need to supply the 490=page manual as supporting evidence?

Alex Watts : Yes if that is your case and supports your case.
Customer:

The other party signed a simple agreement stating 'No refunds under any circumstances'. How much will this support my case?

Alex Watts : Yes that helps, although you can't exclude all liability by law
Customer:

And if she has minimal evidence (that she followed the advice), then is this a major factor?

Customer:

Or please outline which main factors, evidence or proof - will strongly support MY case on the day. Especially in this specific type of court action, which is based on business advice/coaching/mentoring, etc.

Alex Watts : I can't say what your case is, I haven't seen it,
Alex Watts : If she brings the case, she has to prove it
Customer:

Did you see my notes about the outline of the case?

Alex Watts : I saw a brief, but I can't advise on the merits and I have not seen all the papers sadly.
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