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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I ordered some hoodies back in 2013 from a company in 2013

Customer Question

Hi I ordered some hoodies back in 2013 from a company in 2013 - I collected them myself. On inspection they were not up to standard so I returned them. This was the second time I had an incorrect order. I was so cross I just went to another company. In 2014, the company contacted me asking if I wanted to purchase the goods, I said no. They then discounted them. I still said no. In 2015, I was contacted by their accounts department chasing for payment £382 - I emailed them and told them I was not paying for sub-standard goods. This then went to debt collection - queried with them it went back to the company - at Christmas I received a solicitors letter asking for payment and on Friday I received a court summons now with fees. I wrote to the company and offered half payment as I did order the goods but said I should have the goods if I have to pay. I have completed the court papers and made a counterclaim. I have no proof of leaving the goods at the company, although in emails it is clear they received them back. Will I have to pay now it has gone to court?
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 have any written correspondence relating to this?
Customer: replied 1 year ago.
Hi, have a few emails that I can send over and the papers for court. I am not sure how to forward on this but if you can give me an email address I can send through
Expert:  Jenny replied 1 year ago.
Hi I don't think I need to see the emails, can you tell me whether any of them acknowledge the fact you returned the items?
Customer: replied 1 year ago.
Hi, not that I can see they just keep saying that they re-printed them and that I collected. I don't think I actually have a leg to stand on!
Expert:  Jenny replied 1 year ago.
Ultimately it will come down to your word against theirs in oral evidence under oath, if there is nothing in writing to support your position. Where this happens the Judge will decide which version of events it prefers based on the evidence before it. If it is apparent from the emails that you returned the items and there is nothing in writing stating that you received it, there is actually no reason the judge should prefer their version of events over theirs. It is obviously up to you if you want to continue fighting or whether you are prepared to settle their claim. Is there anything else you would like to know about this?
Customer: replied 1 year ago.
Thank you - it does seem a little unfair as I know have court fees added to this - the invoice was £328 and we are now up to £466! If it goes any further and I lose I could end up paying a whole lot more - is the anyway I can get this reduced?
Expert:  Jenny replied 1 year ago.
You could make an offer to settle for less than the entire amount directly to the Claimant and say that you will dispute the claim and ask for a costs award to be made against them if they go ahead and lose. If they do not accept and they win then you could be asked to pay their legal costs on top of the amount in the claim.
Expert:  Jenny replied 1 year ago.
Hello is there anything else you would like to know? If I have answered your question I would be grateful if you would take the time to rate my answer as I am not otherwise credited for the time I have spent answering your question. Thank you and all the best.
Customer: replied 1 year ago.
How much extra do you think the court costs could be for me. I did write offering half and she sent back saying that the solicitors have told her to expect full settlement!
Expert:  Jenny replied 1 year ago.
I don't know as it will depend on how much she has spent on legal fees I'm afraid. The court will not award a ridiculous amount, if any, given the value of the claim. If they do apply for costs you can object to it.
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Customer: replied 1 year ago.
ok - so just final question - If i make payment now can I reduce some of the costs - the letter states the following:
£328 - original invoice
8% interest £53.62 under s.69 county courts act 1984
Court fee - £35.00
Legal representatie 50
Total £466.64
Expert:  Jenny replied 1 year ago.
I would offer to pay the £328 and see whether they will accept that to avoid the risk of going to court. It looks like this will be the entire amount they will claim in any event as they have a sum in there for legal representation. Many thanks for rating my answer!
Customer: replied 1 year ago.
Thank you - I dont really want to have anything to do with the company - can I contact their solicitors and offer to pay or the court - I have a login reference
Expert:  Jenny replied 1 year ago.
Yes you can do it via the solicitors.

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