How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Hi, My son started up in business last year running a pheasant

Resolved Question:

Hi,
My son started up in business last year running a pheasant shoot. He purchased some birds off a game dealer and they agreed that he would pay for some, and some would be exchanged for two full days shooting (a full days shooting was £4000). The game dealer invoiced him for the birds paid in money only.
The birds turned out to be poor quality and indeed poorly, medicines obtained from the vets came to over £500. The losses meant that my son had to purchase further birds from a different game dealer these cost a further £6000.
As the birds from the first game dealer were poor quality and those that survived took time to recover, they didnt fly aswell as they should and this resulted in revenue loss on the early part of the season.
The first game dealer was given a choice of the two days he wanted for his use. Two days before his first date he phoned to cancel. He then demanded that he got paid for the birds. He did get quite threatening and a one point my son informed the police of his threats. He said he couldn't fill the other day so my son offered him single guns on different days to which he agreed. He never turned up for any of these, but he did turn up one morning and threaten my son on his doorstep. My son and him agreed that my son would pay him £4000 pound and that would be the end of it.
My son has just phoned me to say that he has received a letter from this game dealer to say that he now wants a further £3700 and if not paid he will fill against him for bankruptcy. Help
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 : What is it he wants to achieve please?
Customer:

Hi, Thank you for your reply

Customer:

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.

Alex Watts : Ok. He wants to know if he can claim against the dealer? What is the total of his loss?
Customer:

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.

Alex Watts : How much would you like to claim please?
Customer:

Hi, The figure will be around £20,000 I must say my son hadn't realized it was this much until he started to work it out properly.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

As the matter is over £10,000 then he will need a Solicitor.

Alex Watts :

He will have to pay around £175 an hour for this.

Alex Watts :

The cost of a contested trial will be around £10,000

Alex Watts :

If he loses then he would also have to pay the costs of the other side

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi, Thank you for your reply, can I ask in your opinion does my son have a good case against this man?,

Alex Watts :

It sounds like he does have a case but clearly I have not seen all the evidence so could not say 100% of course

Customer:

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?

Alex Watts :

Yes that is a matter for him

Alex Watts :

If he kept it at £10,000 it would be a small claim

Alex Watts :

Does that clarify?

Customer:

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?

Alex Watts :

Its a matter for him, he can do either

Alex Watts :

If he claims, he risks a counter claim

Alex Watts :

If the other person claims, they risk a counter claim by your son

Alex Watts :

Can I clarify anything for you?

Customer:

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.

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’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice