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Hi, Thank you for your reply
Hi, Sorry that got sent without me finishing. My son had thought that when he and the game dealer had agreed to the final payment of £4000 (which was paid by the date the game dealer specified) that would be an end of the matter. He does not want to pay anymore. He has a text message from the dealer confirming their agreement. He feels that because his pheasants were of such poor quality in the first place,( he has pictures and vets bills to verify this) and a text message from the dealer admitting they were diseased, he would have more of a case claiming against the dealer.
Hi, I'm not sure but I would estimate it would be in excess of £12000 that is taking into account vets bills, replacement birds, lost days shooting, extra feed etc. I will get my son to list it all in more detail. I spoke to him last night and he really wants to know if he can claim against this man, He did mention this to the dealer in January ( he has kept his text message to him) but when the guy turned up on his doorstep on a shoot morning with his heavies my son backed down and agreed the final payment of £4000. My son would like to 'get in first' with any legal proceedings.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
As the matter is over £10,000 then he will need a Solicitor.
He will have to pay around £175 an hour for this.
The cost of a contested trial will be around £10,000
If he loses then he would also have to pay the costs of the other side
Can I clarify anything for you about this today please?
Hi, Thank you for your reply, can I ask in your opinion does my son have a good case against this man?,
It sounds like he does have a case but clearly I have not seen all the evidence so could not say 100% of course
Hi, As my son does not have pots of money and the court fees are high would he be better claiming for part of the loss and keeping it in the small claims court or is this not possible?
Yes that is a matter for him
If he kept it at £10,000 it would be a small claim
Does that clarify?
Hi, Thank you, XXXXX XXXXX helps, I will pass on your advice to my son and he can take it from there, but just a thought from myself, would he be better 'getting in first' or wait and see if this man files a claim against him then defending himself with a counter claim?
Its a matter for him, he can do either
If he claims, he risks a counter claim
If the other person claims, they risk a counter claim by your son
Can I clarify anything for you?
Hi, Thank you, XXXXX XXXXX advice and time I really do appreciate it, I will pass it all on to my son and leave the decision to him.
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