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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Lawn Dispute, I have been served with a Court Order, with

Resolved Question:

Lawn Dispute,
I have been served with a Court Order, with regards to
A dispute over work done to a Customers Lawn.
I would like to know what the likelihood would be of success
To defend myself over claims made in this order.
The work was carried out in October 2013 and i have only
Just been served with it.
I own part of a Lawn Care Franchise and originally when the
Customer first complained about the work done, it was offered
That I go back and correct what he was complaining about.
However, he wanted nothing to do with me carrying out this work
And instead carried on Correspondence with the Franchisor.
I have now been served with this summons which is claiming breach
Of Contract. Firstly, there was not a contract as such only a quote and
Secondly how could I carry out completion of this, when he would
Not allow me to return?
He is claiming damages of £2,659.50 to replace his Lawn and £806.40
To clean paths and patios. Both of which seem to be an exorbitant
Amount for a Lawn of 150m2 and he does not include in the Claims pack any proof of
Receipts.
Would you please be able to provide me with some advice over this.
I have not as yet sent Acknowledgement of receipt of this summons,
As I am not sure whether to settle it or defend part or all of it.
I have until 9th October to acknowledge this.
Kind Regards
Paul Daley
Grassroots Ealing Ltd
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Is this just a claim form you have? If the total cost of the claim about £3400 is that right?

Customer: Yes, total claim is £3,787.13.
Alex Watts :

Ok - do you dispute the debt?

Customer: That is my question really. I would like to know in your opinion what my chances would be if I did appeal, from the
Customer: I know I have only given you a brief description but I can provide a more detailed version if you would like.
Alex Watts :

But who did he PAY for the work?

Customer: He got another company in to do it.
Alex Watts :

Ok - then you can defend it on the basis there is no contract with you

Alex Watts :

If he paid another company to do the work and they did - it is nothing to do with you

Alex Watts :

Therefore send back the defence saying that there is no contract with you and the claim should be struck out

Alex Watts :

can I clarify anything for you about this today please?

Customer: Not sure if you received my previous answer. I think there is some confusion. The amount he is claiming is for work that he had done, because he was not happy with what I did when I repaired his Lawn after Insect damage. He had his Lawn relayed and the Patio power washed because he claimed it was left in a poor state.
Alex Watts : Did he pay you originally for the work done?
Customer: No, he didn't, the value owed is still outstanding and is approx £430. The original quote given was for a scarification treatment but due to an infestation I had to reasses and spoke to Mr Masseys wife to advise the lawn would need renovating. There was no written contract on either side
Alex Watts : Ok. Were you instructed to do the work? If it was faulty did he give you a chance to put it right?
Customer: I was asked to treat the lawn for an Insect infestation and then come back to Scarify it. When I came to do this it was apparent that the Lawn was to badly damaged by the insects and birds to carry this out. I spoke to the mans and told her the situation and that I would need to carry out what is called Renovation and explained to her what his would entailed. She told me to do whatever it takes but the man disputes that she had given permission. I did the work and before I left explained to his wife that it didn't look pretty but would recover in time. I said that I would come back if it needed extra Seed or soil and do this. The man was on a business trip at the time but when he came back he complained to my Head Office about the work done and the state the Patio was in after the work had been completed. I offered to go back and make any alterations and also to clean the Patio up, but he refused permission to do this.
Alex Watts : Ok. Did they ever give you a chance to rectify please?
Customer: No
Alex Watts : Ok then you don't need to worry
Alex Watts : Even if the court found against you, they failed to mitigate their loss.
Alex Watts : Therefore any claim would fail.
Alex Watts : Does that help?
Customer: Ok that sounds good. Just need to know now then, when I send in the Acknowledgement of Service form, should I tick the defend all of this claim box. They may have a case over the state of the Patio and having to have it power washed or would all of this be void because he is claiming Breach of Contract?
Alex Watts : If you want to put in the defence now then you can. If you need a further 14 days send in the acknowledgment of service
Alex Watts : The claim would not necessarily be void, it could still be dealt with
Alex Watts : Does that help?
Customer: Ok but when I send it in I need to tick Whether I am contesting all, some or none of it. What would you think would
Customer: be best in this case?
Alex Watts : I would tick all at this stage,
Alex Watts : Is that ok?
Alex Watts : That is defend all......
Customer: Can it be changed afterwards?
Alex Watts : Yes of course. But if you admit part now you can't deny in full later if appropriate
Alex Watts : Is that ok?
Customer: Ok that's great, thank you.
Alex Watts : Can I help with anything else today?
Customer: That's all, thank you very much.
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