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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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In october 2012 a cousomer came to our interior design & curtain

Customer Question

In october 2012 a cousomer came to our interior design & curtain shop ans aske us to quote , measure , manufacture and install curtains, blinds & upholstery and wallpaper for her dining roome, lounge & breakfast room.
We obtained samples, gave her full quotes , manufactured and installed the furnishings over several months finishing on the 26th February 2013.
During this period she explained that her partner was a bit strange and he would pay us in full but it would have to be in bits and some ogf the work invoiced to other of his properties. She insisted that she would sort out all payments with her partner and that I must not under any circumstances discuss the bills with him. She added to and changed the work and at 26th February 2013 most or the work was complete to her satisfaction except she had not has an additional blind fitted to the wc and additional beads added to the pelmets .
The had paid us £12604 leaving a balance of £2174.03 plus £550 for work to be completed. She said that the balance would have to wait a short while as she had miscalculated her budget and given him thw wrong price , but we must not discuss it with him. We phoned several times and she came in the shop towards the end of march and assured us it would be paid later when she had further budget.
We are about to send a letter before action to herself and her partner
and use moneyclaim on line again.
Any advice
Alan
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is***** and I'm happy to help with your question today.
You seem to have a plan of action in place.
What would you like to know from me exactly?
Customer: replied 3 years ago.

Is the plan the best way to proceed.

Can her partner deny responsibility as it was ordered by her, but he was aware of the project but finds it difficult to control her spending. He is quite strange but i find if difficult when she says we can only discuss money with her and he keeps asking how much they owe.

. They are wealthy but she spends money like water . Normaly we do not start until we have 50% deposit , but this job kept changing.

Alan

Expert:  Alice H replied 3 years ago.
Hi Alan
This is the best way forward.
You should write to her giving her 14 days to pay the outstanding balance.
You can include the husband in the letter.
But he will undoubtedly deny responsibility.
Whilst he may have been paying the bill - she is the one who placed the order and made the agreement with you.
Under the rule of privity of contract, only the parties to the contract can sue and be sued.
Only in very limited circumstances can a third party sue or be sued.
But there is no harm in including the husband in the letter - he may agree to settle the bill immediately.
Once 14 days have passed if they have not paid you can sue them both.
The online procedure is actually straightforward - but remember to include the relevant dates and a breakdown of the agreement and claim interest.
If the husband wishes to dispute liability he will submit a defence and apply to have tHe case against him struck out - if he doesn't you could seek a judgment against him as well as his wife.
If they dispute the debt within the 14 day period you should try and negotiate a settlement - the courts encourage discussion and mediation.
If negotiation or mediation to settle does not work then you should proceed to litigation.
Expert:  Alice H replied 3 years ago.
Can I assist further? Please remember to take a moment to rate my answer. Alex

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