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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am an electrician. Last year I contacted my governing body

Customer Question

I am an electrician. Last year I contacted my governing body to inquire if they provided a website design service, they said they didn't. Within a couple of days of this conversation I was contacted by Webahead who informed me that my governing body had passed my inquiry on to them. I hired their services at a cost of £270 & subsequently found out that my governing body hadn't contacted them. The fact that they had been 'recommended' by my governing body is the reason I hired them. I asked them for a full refund but they refused & deny saying that my governing body had recommended them. Can you advise me please?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you have this statement written anywhere or was it done verbally?
Customer: replied 1 year ago.
It was a verbal statement over the phone.
Expert:  Ben Jones replied 1 year ago.
Whilst you can try and argue misrepresentation here, the issue is that it is going to be your word against theirs and there is of course n guarantee that a third party, like the courts, will take your side. So if you were to pursue any formal legal action, you would be running the risk that they side with the other party due to the lack of any written evidence. Of course, there is probably as much chance as them deciding in your favour but your position is certainly not as strong as if you had something in writing to confirm what they had claimed. Regardless of the above, you can still try and put some pressure on them to return all or at least part of the money. You could also go to the small claims court which even if you lose at, would not make you liable for much more than what you claim (i.e. you would only have to pay the court fees, not the other side’s legal costs). So you could try and threaten them with legal proceedings, hoping that they eventually just decide to refund you rather than to have to deal with you any further or defend a claim. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to issue legal proceedings, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.