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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son wants to apply for a summons at the County Court against

Customer Question

My son wants to apply for a summons at the County Court against a college who delayed his accreditation by a year. They were saying it's almost imminent but on two occasions they came back and asked him to take more exams as they were not aware of the syllabus I guess and every time they were sending his portfolio to an external verifier he was coming back with something else. They had the opportunity to look at their records 6 months prior to handing in his portfolio and having handed it in he was under the impression that all exams were taken and coursework done. Basically they were coming back every 3 months with something else. The only excuse the college is giving is that he received his certificate within the specified time. In his industry once qualified he automatically gets paid a higher rate and therefore he has lost about £1000. Can he take them to Court and what are his chances?
Thank you
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 :

Yes he can take them to Court if he can show that they were negligent and that he suffered a loss quantifable of £1,000

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not pay 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 :

Can I clarify anything for you about this today please?

JACUSTOMER-kdkhxe9z- :

We are aware of that. We have written two letters both recorded delivery. They are not questioning the sequence of events but they are saying that the certificate was obtained within the specified time. However, what we are saying is that if they knew what they were doing and going by the sequence of comebacks, having to be asked to take various additional exams every 3 months etc, they obviously didn't, he would have qualified earlier and therefore on a higher rate. Is their reason valid as to us they had a duty of care to know what they were doing and therefore negligent?

Alex Watts :

Potentially they are in breach of contract as they have failed to act with all reasonable skill and care as per Section 13 of the Sale and Supply of Goods and Services Act 1982

Alex Watts :

I think they may be negligent yes

JACUSTOMER-kdkhxe9z- :

Can solicitors and advisory fees be claimed in small claims? If there is a hearing and say we've lost the case can they claim costs?

Alex Watts :

No. They can not. Only the cost of issuing the claim and hearing it. These are fixed by the court.

Alex Watts :

If you lose a small claim then only these costs are generally lost

JACUSTOMER-kdkhxe9z- :

The reason we are asking is that they are threatening for heavy costs to be paid by us as they are likely to win and asked us to seek professional advise to save ourselves some money!!

Alex Watts :

They can't claim costs, only if your son has acted unreasonably by bringing the claim

Alex Watts :

So dont be threatened by that

JACUSTOMER-kdkhxe9z- :

I have read somewhere that there is no cost to be claimed in the small claims hence the individuals are bringing the cases to court. Obviously they are trying to frighten us !! When we complete the claim for for the issue of a summons can we put what you said earlier that the claim is made under Section 13 etc?

Alex Watts :

Yes you can and it does seem as if they are trying to frighten you

JACUSTOMER-kdkhxe9z- :

They have just now asked a meeting with my son and his employer to tell them that this is a misconceived thread for legal action and he should definitely ask for "qualified legal advice" before instigating proceedings. They repeated that my son will be liable for additional costs and I assume they are referring to their costs.

Alex Watts :

They wont be liable.

Alex Watts :

Costs are not recoverable on the small claims Court

Alex Watts :

Does that help?

JACUSTOMER-kdkhxe9z- :

Thank you Alex. I am happy that what we were thinking was on the right lines but I was not aware of Sec. 13

Alex Watts :

Great. Can I help with anything else today?

JACUSTOMER-kdkhxe9z- :

That's fine. Thank you

Alex Watts :

ok - if I could invite you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

JACUSTOMER-kdkhxe9z- :

Just one more question Alex. We have given them 7 working day for paying ( from the date they received it as it was recorded delivery) or we would start proceedings. I noticed that you said 14 days.Is that working days? Is there a legal requirement?

Alex Watts :

No thats ok 7 working days is fine

Alex Watts :

Does that help?

JACUSTOMER-kdkhxe9z- :

I will rate you now and thank you again.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Are you a barrister Alex? Your details now say solicitor but previously I am sure I saw Barrister........not that it makes any difference

Expert:  Ash replied 2 years ago.
Solicitor- but it makes no difference.
Alex

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