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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are a small company working under a construction contract

Resolved Question:

We are a small company working under a construction contract with a principle contractor. They have issued a pay less notice against our application stating that they are to with hold £50K against us to 'ensure' that we complete our contract - however they have devalued our account by £105K by the method of deduction they have used. It is equally worth pointing out that we have maintained our services throughout and continue to do so - have we any recourse?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Do they have any power in the contract to do this please?Alex
Customer: replied 1 year ago.
There is no reference to such action within the contract Alex
Expert:  Ash replied 1 year ago.
Then they can't do it. You must have agreed or it must be a term.You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
No thank you Alex - that is fine for now - enjoy the rest of your weekendKind RegardsChris
Expert:  Ash replied 1 year ago.
Good luck.AlexIf this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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