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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11129
Experience:  30 years as a practising solicitor.
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what's my rights as a sole trader on a verbal agreement with

Resolved Question:

what's my rights as a sole trader on a verbal agreement with a customer who did not uphold there side of a verbal agreement.
certain amount of work completed and then sole trader terminates verbal contract as customer became unreasonable , plus small deposit of 250 pounds for materials paid upfront by customer
which didnt cover to total amount of work completed but i cut my losses as the customer was disrupting my time schedule for the jobs booked in
The said customer is now trying to proceed with a full refund plus costs on paint marks on furniture!
kind regards *****
RTI Decorators
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
A contract like this is binding even if it is verbal. The main downside to a verbal agreement is of course proving what was actually agreed.
However, assuming that to be the case you are entitled to pursue for your loss of profit and any outstanding materials costs. The customer is evidently claiming damage to property and a failure to complete the works so you may have to expect a counterclaim to your claim.
Happy to discuss further but from your narrative I would expect the situation to rest on whose verbal account is given most weight in the event that the case does end up in the court.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thank you for your answer and guidance on this matter.

would it be possible to for me to give you a little more info on my situation , for your opinion on what side the law would fall on

i responded to said customers first letter and called at his property to discuss the matter in hand , and was met with a hostile response.

customer did let me in to see the said damage , i recorded the conversation regarding paint damage and the verbal contract agreed.

the customer would not let me wipe down a few marks that were left with a water based paint and can easily removed with a damp clothe, which i did mention to customer , there was no physical damage to any furniture and he then asked me to leave his property.

dose my recorded conversation stand in the courts as he was not willing to co operate to his first letter requirements?

kind regards

rob

Expert:  JGM replied 2 years ago.
The recording is likely to be be admitted in a civil case and would help you establish that the paint damage was not in fact paint damage and would also indicate the nature of the contract as presumably the customer didn't refute anything you said about the contract.
Customer: replied 2 years ago.

Many thanks for your advice

Regards

Rob

Expert:  JGM replied 2 years ago.
You're welcome.
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