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Hello my name is ***** ***** I will help you with this.
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
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.
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.
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.
Can I clarify anything for you about this today please?
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?
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
I think they may be negligent yes
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?
No. They can not. Only the cost of issuing the claim and hearing it. These are fixed by the court.
If you lose a small claim then only these costs are generally lost
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!!
They can't claim costs, only if your son has acted unreasonably by bringing the claim
So dont be threatened by that
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?
Yes you can and it does seem as if they are trying to frighten you
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.
They wont be liable.
Costs are not recoverable on the small claims Court
Does that help?
Thank you Alex. I am happy that what we were thinking was on the right lines but I was not aware of Sec. 13
Great. Can I help with anything else today?
That's fine. Thank you
ok - if I could invite you to rate my answer before you go, the button should be at the bottom of the screen
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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?
No thats ok 7 working days is fine
I will rate you now and thank you again.
Are you a barrister Alex? Your details now say solicitor but previously I am sure I saw Barrister........not that it makes any difference