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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70711
Experience:  Over 5 years in practice
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if I withhold money due , which I believe are faulty

Resolved Question:

if I withhold money due for goods, which I believe are faulty and the supplier takes action against me in the County Court for the amount outstanding; do I have to prove there is a fault with the goods or is it the onus on the supplier as the one taking the legal action to prove the goods supplied are perfect?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
All the supplier would have to prove is that the goods were delivered and that funds were not paid.
If you then raise the defence that the goods fell foul of the SGA then he would have to disprove your defence to the civil standard but he would have to cover it right at the outset. It is a case of rebutting your defence rather than proving it at the outset.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thanks,

Is there a web site where I can find out what the 'civil standard' is?

Expert:  Jo C. replied 2 years ago.
It is just more likely than not.
So 51% likely and 49% not.
Customer: replied 2 years ago.

That helps enormously,

Finally, does the civil standard apply if I am a company purchasing goods from another company, which I have installed at a third party and believe to be faulty. I am not the end user, nor is the end user involved in the dispute.

Expert:  Jo C. replied 2 years ago.
If you are the purchaser then the contract is with you and you have the protection of the law.
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