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Jenny
Jenny, Solicitor
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There. I have a dispute with a client. I run an online business

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Hi there. I have a dispute with a client. I run an online business in the UK online and I referred somebody I knew personally to the business. It is an essay writing business.
Basically, he ordered a first class essay of 4500 words, but received a 2:1 when he submitted the order to the University, not because the order was not of a first class standard, but because he was tasked with completing a 15 page assignment and the 4500 words he ordered only resulted in 13 pages of content being produced. He claims it was my negligence to submit a 13 page, I disagree because he ordered 4500 words and I produced this for him. The essay still scored 67, just shy of first class, so with the missing two pages it would easily have been first class. He claims his instructions clearly state that the missing two pages should have been augmented with charts and illustrations, I disagree because I included charts and illustrations and it was left completely to my discretion in relation to graphs and figures to include. Basically I included graphs and figures within the 4500 words, which is standard business practice.
Anyway that is the background. I want to check I am covered legally in relation to UK business law (and potentially EU consumer law or if anything like this applies). The client with whom I have a dispute is claiming that because he ordered informally from me via email (and thereby not ordering from my website) that he is not bound by my terms and conditions. I disagree, because after he made payment I sent him a confirmation email (which he acknowledged and accepted) and it clearly states on my website that the confirmation email serves as the mechanism to agree the contract between me and my clients. I want to check 3 things with you:
1. Is the client bound by the contract on my website? If so do those terms and conditions prevent me from being sued? The terms and conditions can be found at: http://essayroom.com/terms-and-conditions
2. If the client is not covered by my contract, is there any way he can sue or is this a situation where there are no rights and responsibilities legally because of the fact that there is no official contract between the two parties. Can he sue me on that basis?
3. Is there any other way a crafty lawyer can sue me for negligence or whatever? If I can be sued what is the maximum amount I can be sued for? The 950 pound fee the client paid or more???
The client wants a refund of half the money, but as far as I am concerned I did my job professionally and legally and I don't want to give him any refund. But at the same time I don't want to take a risk getting sued, so is a refund settlement option with the client the best route therefore?
I know this is a little tricky and convoluted so thanks for taking the time to take a look at this. If there is any risk of being sued I would rather know now and I'll come to a settlement with the client.
Paul
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Do you make any claims in offering the service that your essays will be first class?
Customer: replied 1 year ago.
Yes I do. i am confident that what I produced is first class. However, the client submitted the work which was short of the word count needed. I am only responsible for my end of the bargain, technically he is not even supposed to submit the work I produced.
Expert:  Jenny replied 1 year ago.
How much did he pay you for this?
Customer: replied 1 year ago.
950 pounds via direct bank transfer to my personal account
Expert:  Jenny replied 1 year ago.
When you sent the email did it refer to your terms and conditions?
Customer: replied 1 year ago.
Please see the top two messages. Yes it does.
Hi Paul,
Just to acknowledge that I have received the confirmation email. Please do not hesitate to contact me if you have any queries. I am looking forward to receiving the drafts and will be looking to introduce you to my friends!
Regards,
Cannon
Date: Wed, 15 Apr 2015 17:56:29 +0200
Subject: Re: Re[2]: Essay writing
From:***@******.***
To:***@******.***
CONFIRMATION EMAIL
Thank you for placing your order with Essay Room. Essay Room is delighted to inform you that your order has been accepted and that work will now begin on your order. This email serves as confirmation of your order and the agreement between you and Essay Room is now legally binding and is covered by the terms and conditions displayed on the Essay Room website.
Kind regards
The Essay Room Team
www.essayroom.com
On Wed, Apr 15, 2015 at 5:55 PM, Paul Arrich wrote:
Okay Cannon, thanks for sending the money I have received it. I will send you the confirmation email shortly. One more question, what referencing style do you need to use? Harvard referencing is my personal favourite.
On Wed, Apr 15, 2015 at 4:22 PM, Cannon Lim wrote:
Hi Paul i will have 3 folders sent to you intermittently in separate emails (due to the large file size). One is to aid you in answering question 1a, one for 1b and the other is lecture slides. Please look at the file- lecture 4 in the lecture file to guide you in writing the case report on which sources to look for, types of sources, what the examiner is looking for, the dos and donts, etc. The formatting rules is formatting is uploaded as well for you to follow it.
It is mandatory to reference all/ most of the files that I have attached such as the lecture slides, recommended reading, the lehman bros case pack, company accounts, analyst reports, official reports, and self-selected material from reliable and reputable sources. - refer to lecture 4 for a more specific example of data, graph that is expected
The paper should show wide understanding of the course and the analysis should be very in dept.
These are the absolutely essential material expected for the answer in question 1a, however, other material from the readings in the respective folder should be discussed as well. - kindly apply the material in the folder 1b accordingly as well, as well as some other reliable and relevant external sources
1) Butter financial crisis 2008 - use this to shape the entire essay
2) Cato journal - moral hazard
3) Cresc working paper 59 - financial innovation page 11 - 13
4) Darling reforming_financial_markets pdf - chapter 3 the cause of the financial crisis
5) Davar origins of the financial crisis.pdf - include 3 fundamental flaws written in the text that are central to the formation of the financial bubble 6) Kotzfull - include and further elaborate the point that features of neoliberal capitalism that promote a series of long economic expansions over several decades created long run trends that have led to a systematic crisis. Major economic restructuring is likely to follow
7) Levy minsky moment credit crunch-bring in the idea on minsky movement and understand the crunch from minsky's perspective
8) Turner_review 2009 - use it for overall shape of the essay
9) Warwick commission report pdf - bring the point about 'primary objective is not more regulation but more effective regulation' and elaborate about it
10) Bebchuk et al 2009 pdf - the possible role that pay arrangements have played in the run up to the financial crisis and how they should be reformed going forward - further elaborate on it
11) Godechot 2008.pdf - hold up mechanism: having control over transferable assets makes it possible for employee to threaten to inflict damage on a company if it refuses to accept a contract negotiation that is favorable to the employee. Elaborate on this point being able to play a part in triggering the financial crisis
12) FT Marrin Wolf.doc - regulators should intervene in bankers pay
13) Financial cris_USinquiry.pdf - use it to shape the entire essay
14) Raghuram Rajan Bankers pay pdf- bankers pay is deeply flawed
15) Shadow banking pdf - the role of shadow banks
Date: Wed, 15 Apr 2015 15:36:26 +0200
Subject: Re: Re[2]: Essay writing
From:***@******.***
To:***@******.***
Hi Cannon. In terms of the guarantee it works like this. Every client that places an order with me first makes payment and I then send you a confirmation email. This email serves as the official contract between the company and you (essentially between me and you) and then you are covered. If you do not get your grade you get a full refund, it’s that simple. I spent around 2000 pounds getting a lawyer to draw up the detail of the contract and he did a thorough job as I wanted to make sure that legally I got all the guarantees right.
Okay, yes please send me all the information you have. You are doing a business degree so I am guessing rather than analysing financial performance you are looking at the management of Lehman Brothers and macro-economic stuff. Is that right?
In terms of payment please send 950 pounds as a direct bank transfer to this bank account and I will then send you a confirmation email as soon as I receive payment. If you are happy with the service also please remember to recommend me to your friends.
Here are the details:
Account Name: Paul R Arrich
Bank: Natwest
Account Number: 32752474
Sort Code: 604008
Email me as soon as you have payment and I will get the work underway asap.
On Wed, Apr 15, 2015 at 3:07 PM, Cannon Lim wrote:
Hi Paul,
That sounds great. But I have several questions. I do not mind paying upfront but I would need some sort of a guarantee, and also how should I transact the payment? Through the website or other means? May I also requests for drafts to oversee the progress through the course of the paper?
Anyway yes, we can proceed with the £950 quote. Thanks for the discount! Also let me know if I should begin sending the files over to you.
Cheers,
Cannon
Wednesday, 15 April, 2015 11:10 am +0100 from Paul Arrich :
Hi Cannon. Okay that actually sounds good for me in terms of being able to do the work, if I can submit the piece to completed perfectly for may 4 in the evening then all you have to do is hand it in on may 5.
You will need to pay for the piece of work very soon though, because if you don’t I will be booked up until may 5 (I am already fully booked up until april 28 at the moment).
In terms of payment we agreed I would give you a discount and that you could pay half now and half later. However, I’m not sure it’s really fair to me to go half now and half later for a number of reasons. Firstly, no other website operates on that basis. Secondly, there are guarantees for a full refund on my website anyway and thirdly I can guarantee you 100% you will get the grade you order.
I spend every day of my life virtually writing essays and I never hear any complaints. I complete firsts, upper firsts, masters distinction, PHD and never have any trouble. I also work for another firm and I am one of their best writers (I only take on the very best paid and highest quality work). Here is a screenshot of what I am doing at the moment, ignore the prices they represent one third of the final price and are an inhouse mechanism used by this company.
As you can see I do this every day so I think it is only fair that the full price is paid up front as with any other company. I would like to take on your work, but at the same time can be doing many other pieces of work as you can see so it is your decision.
In terms of price you can see from my website that the prices for 1st are 1125 pounds and for upper first are 1462.50 pounds. I can offer you a discount of 15% and a price of 950 pounds for first and 1240 pounds for upper first (upper first is 75% and above, first is 70% and above). Please see my website for details of prices and the contract in which guarantees are spelled out. My address is on the contract.
http://essayroom.com/essay-writing-service
http://essayroom.com/terms-and-conditions
Let me know what you want to do
Paul
On Wed, Apr 15, 2015 at 5:56 AM, Cannon Lim wrote:
Hi Paul,
Thanks for the prompt reply. Seems like you have been enjoying successful endeavours in your poker career thus far given that you are making trips to Vegas so congratulations on that!
With regards ***** ***** paper, it would be largely on Lehmann Brothers, i'm sure you are familiar with them. I have attached the questions and requirements for the paper with this email but for easy ref -
a) The financial crisis of 2007-2010; should accounts of its causes focus on the world of finance alone? (50 marks).
b) Drawing on your answer to part A, explain how and why Lehman Brothers’ collapsed in October 2008. (50 marks)
This paper would require heavy reliance on quite a handful of readings furnished by my lecturer and the exact deadline is 6th of May. I am hoping for a first to a high first if possible, as it carries a substantially high weightage towards my average. It is a 15 page paper so we are looking at about max 4500 words? Do let me know if you are interested in this, as well as your quote.
However, if you feel that your schedule would not be able to accommodate, may i ask for your sincere recommendation for any other contacts that are legitimately profound in this subject area and/or are able to produce more than satisfactory results?
Looking forward to hearing from you again.
Cheers
Cannon
Date: Wed, 15 Apr 2015 01:24:58 +0200
Subject: Re: Essay writing
From:***@******.***
To:***@******.***
Hi Cannon, nice to hear from you. I've been playing lots of poker,been to las vegas a few month ago and am heading back there in 4 weeks. It's right in the middle of my busy season right now and I am fully booked until april 28. If you can let me know your exact deadline, title of your work and the amount of words/grade you need I can let you know, but by the end of April will be very difficult for me as I am very busy.
Anyway let me know
Paul
On Wed, Apr 15, 2015 at 1:01 AM, Cannon Lim wrote:
Hi Paul, this is cannon. If you recall, we have met before at the poker room at 235 casino. I have a 15 page business essay on Lehman brothers due by the end of April and I require
Expert:  Jenny replied 1 year ago.
Ok I can see the link to the terms.
I will now answer your 3 questions.
1. Yes you are covered by your terms and conditions.
2. This does not prevent you from being sued but it does set out the agreement clearly. The main risk is whether he specifically asked for 15 pages. If he did then you are at risk. If he asked for a number of words not pages then it will be harder for him to succeed.
3. There is no claim except for breach of contract. Losses are limited to the fee paid unless they can show a financial loss flowing directly from the breach. I cannot anticipate that they would be able to demonstrate this.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
Hi there. One more question. He did ask for a set number of pages that is correct. However I don't understand how that is relevant. He asked for 15 pages, I told him we don't work in pages, but word count. He therefore decided on 4500 words, We both agreed. I then completed 4500 words. How in that scenario is the page number issue relevant?
Thanks
Expert:  Jenny replied 1 year ago.
Hi is that detailed in writing as I cannot see it in the above string of emails? Only the mention of 15 pages.
Expert:  Jenny replied 1 year ago.
Hello would you still like help with this? If it is not in writing it is not fatal please let me know.
Customer: replied 1 year ago.
It is mentioned. Is it something that needs to be mentioned explicitly. In the emails I am providing him quotes that are for 4500 words and he then pays me. Is that not clear enough or does it need an explicit mention?
Paul
Expert:  Jenny replied 1 year ago.
From an evidential point of view it will provide you with some difficulty. Your terms and conditions set out that the client should put their specifications to you in writing. I can see in the emails that they have specified 15 pages. I cannot see in the email that it was agreed that you would do 4500 instead of the 15 pages.
It may well be that you have agreed verbally that you would do this and he agreed on that basis. However if he issues proceedings this will come down to your word against his and if he sees fit to lie then the court are likely to go back to the written agreement.
I do not want to be unduly bleak but you should be aware that on paper there is a risk.
Customer: replied 1 year ago.
Excuse me I am on my iPhone and have to paste the Universe in here. Please see the bottom of the message. The client explicitly mentions4500 words and I set out the specifications needed. I reference the need for a word count clearly. However there is ambiguity because he also keeps talking about 15 pages. What is your view?
Hi Paul,
These are the other folders and formatting rules containing essential material for the paper. Kindly refer to my previous email. I will be making payment within the next 30 minutes so you can check it then.
Cheers
Cannon
Date: Wed, 15 Apr 2015 15:36:26 +0200
Subject: Re: Re[2]: Essay writing
From:***@******.***
To:***@******.***
Hi Cannon. In terms of the guarantee it works like this. Every client that places an order with me first makes payment and I then send you a confirmation email. This email serves as the official contract between the company and you (essentially between me and you) and then you are covered. If you do not get your grade you get a full refund, it’s that simple. I spent around 2000 pounds getting a lawyer to draw up the detail of the contract and he did a thorough job as I wanted to make sure that legally I got all the guarantees right.
Okay, yes please send me all the information you have. You are doing a business degree so I am guessing rather than analysing financial performance you are looking at the management of Lehman Brothers and macro-economic stuff. Is that right?
In terms of payment please send 950 pounds as a direct bank transfer to this bank account and I will then send you a confirmation email as soon as I receive payment. If you are happy with the service also please remember to recommend me to your
Email me as soon as you have payment and I will get the work underway asap.
On Wed, Apr 15, 2015 at 3:07 PM, Cannon Lim wrote:
Hi Paul,
That sounds great. But I have several questions. I do not mind paying upfront but I would need some sort of a guarantee, and also how should I transact the payment? Through the website or other means? May I also requests for drafts to oversee the progress through the course of the paper?
Anyway yes, we can proceed with the £950 quote. Thanks for the discount! Also let me know if I should begin sending the files over to you.
Cheers,
Cannon
Wednesday, 15 April, 2015 11:10 am +0100 from Paul Arrich :
Hi Cannon. Okay that actually sounds good for me in terms of being able to do the work, if I can submit the piece to completed perfectly for may 4 in the evening then all you have to do is hand it in on may 5.
You will need to pay for the piece of work very soon though, because if you don’t I will be booked up until may 5 (I am already fully booked up until april 28 at the moment).
In terms of payment we agreed I would give you a discount and that you could pay half now and half later. However, I’m not sure it’s really fair to me to go half now and half later for a number of reasons. Firstly, no other website operates on that basis. Secondly, there are guarantees for a full refund on my website anyway and thirdly I can guarantee you 100% you will get the grade you order.
I spend every day of my life virtually writing essays and I never hear any complaints. I complete firsts, upper firsts, masters distinction, PHD and never have any trouble. I also work for another firm and I am one of their best writers (I only take on the very best paid and highest quality work). Here is a screenshot of what I am doing at the moment, ignore the prices they represent one third of the final price and are an inhouse mechanism used by this company.
As you can see I do this every day so I think it is only fair that the full price is paid up front as with any other company. I would like to take on your work, but at the same time can be doing many other pieces of work as you can see so it is your decision.
In terms of price you can see from my website that the prices for 1st are 1125 pounds and for upper first are 1462.50 pounds. I can offer you a discount of 15% and a price of 950 pounds for first and 1240 pounds for upper first (upper first is 75% and above, first is 70% and above). Please see my website for details of prices and the contract in which guarantees are spelled out. My address is on the contract.
http://essayroom.com/essay-writing-service
http://essayroom.com/terms-and-conditions
Let me know what you want to do
Paul
On Wed, Apr 15, 2015 at 5:56 AM, Cannon Lim wrote:
Hi Paul,
Thanks for the prompt reply. Seems like you have been enjoying successful endeavours in your poker career thus far given that you are making trips to Vegas so congratulations on that!
With regards ***** ***** paper, it would be largely on Lehmann Brothers, i'm sure you are familiar with them. I have attached the questions and requirements for the paper with this email but for easy ref -
a) The financial crisis of 2007-2010; should accounts of its causes focus on the world of finance alone? (50 marks).
b) Drawing on your answer to part A, explain how and why Lehman Brothers’ collapsed in October 2008. (50 marks)
This paper would require heavy reliance on quite a handful of readings furnished by my lecturer and the exact deadline is 6th of May. I am hoping for a first to a high first if possible, as it carries a substantially high weightage towards my average. It is a 15 page paper so we are looking at about max 4500 words? Do let me know if you are interested in this, as well as your quote.
However, if you feel that your schedule would not be able to accommodate, may i ask for your sincere recommendation for any other contacts that are legitimately profound in this subject area and/or are able to produce more than satisfactory results?
Looking forward to hearing from you again.
Cheers
Cannon
Date: Wed, 15 Apr 2015 01:24:58 +0200
Subject: Re: Essay writing
From:***@******.***
To:***@******.***
Hi Cannon, nice to hear from you. I've been playing lots of poker,been to las vegas a few month ago and am heading back there in 4 weeks. It's right in the middle of my busy season right now and I am fully booked until april 28. If you can let me know your exact deadline, title of your work and the amount of words/grade you need I can let you know, but by the end of April will be very difficult for me as I am very busy.
Anyway let me know
Paul
On Wed, Apr 15, 2015 at 1:01 AM, Cannon Lim wrote:
Hi Paul, this is cannon. If you recall, we have met before at the poker room at 235 casino. I have a 15 page business essay on Lehman brothers due by the end of April and I require your help. May I know if you are able to take me up on that offer, as well as your quote.
Looking forward to your reply.
Cheers
Cannon
Expert:  Jenny replied 1 year ago.
Hi my view is that the ambiguity will act in his favour not yours if it goes to court. This is particuarly because your business terms and conditions ask him to stipulate his requirements, which he has by referring to 15 pages in the emails. You have not stated in writing that you will not produce 15 pages and will only produce a number of words.
If it goes to court I would not guarantee that you will succeed.
However I would not tell him that now.
I would tell him that your terms and conditions state clearly that he is responsible for checking the essay. He therefore had the opportunity to check the number of pages before submitting it. Had he done so and raised this as an issue you could have assisted with rectifying it.
If he issues a claim I would suggest you offer to meet him half way.
Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know about this as I can see you have not yet rated my answer which is an important part of the process?
Customer: replied 1 year ago.
I understand. Thanks for all your help, I will make sure to post excellent feedback. I am going to offer the client a partial refund settlement. I am also going to get him to send me written confirmation that the matter is settled. If I do this and he sends me this in writing, does that make it impossible for him to sue (just in case he goes back on his word).
Expert:  Jenny replied 1 year ago.
You do need to get this in writing on a letter which states it is in full and final settlement.
Customer: replied 1 year ago.
Hi there. The client has accepted my offer of a refund. Will something like this suffice:
I (name of the client) accept the refund as a full and final settlement.
Client signature.
Also, to avoid anything like this happening in the future, is my best option to send an email to future clients laying out all the order details clearly and saying that if they go ahead and pay and sgree to the terms and conditions then these are the final terms they agree to?
I really want to avoid a repeat of this.
Paul
Expert:  Jenny replied 1 year ago.
Yes both of those suggestions are sensible.
You should be clear by putting full and final settlement against (name of company) in connection with dispute over (purchase order number).
I would be grateful if you would now rate my answer as I am not otherwise credited for the time I have spent answering your question.
Customer: replied 1 year ago.
Okay I will do it now excellent service 😃
Expert:  Jenny replied 1 year ago.
thanks you .
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