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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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There, I am hoping someone could help / point me in

Resolved Question:

Hello there,
I am hoping someone could help / point me in the right direction. A veterinary surgeon has taken me to the small claims court to try and recover a 'debt' he said I had not settled.
I have successfully proven that in actual fact due to the disorganization within the practice they had not sent the claim forms into the insurance company on time so instead of negotiating with the large insurance company they decided to try and get funding from me.
I have had threatening / intimidating letters and in court the case was struck out. The vet even tried to ring me before the court claiming he didn't know what this was about but if i call i am sure we could sort something out!
I am so incensed by the stress about this and the effect that this could have had on my accountancy qualification. He surely cannot operate through intimidation as if i was a weaker character in all likelihood he would have received monies for his incompetence.
How do i go about suing?
Thank you
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. What are you trying to sue for exactly please?
Customer: replied 1 year ago.
Well I guess thats what I need help on! His behaviour... He basically tried to intimidate me, went after me instead of the insurance company all because he did not get the claim in on time. He has caused me no end of anxiety (now on medication) and to have a CCJ against me as an accountant would be serious. I cannot belive he behaived in such a way to a client ...
Customer: replied 1 year ago.
He thought it was quite acceptable to go straight to the small claims court for something that I clearly did not owe...
Customer: replied 1 year ago.
I also know of one other subject to the same sort of treatment. I just do not feel it is professional or morally right to be carrying on in this way. Because it would have been hard to argue why he had not submitted the claim form to the insurance company within their timescales he decided to go after me. I replied to the first letter he sent, but i got no phone calls or emails etc to run through the issue. It was always straight to court. In addition they never once contacted me to speak to me about the balance they had on my account....
Am i able to do anything about this?
Expert:  Ben Jones replied 1 year ago.
In the circumstances it is very unlikely you would be able to make any sort of claim against him I’m afraid. There are simply no legal grounds on which you can base a claim. Even if he was wrong in submitting the claim, you have received restitution by having the claim struck out – that effectively places you in the position you would have been had the claim not been made. Unfortunately the law does not compensate for stress or inconvenience, or for that could have been, as a result of facing a court claim. So all of this is a moral issue rather than a legal one. It is bad practice, it is unreasonable, but it is not unlawful and does not give you rights to just go and make a claim against him. The only possible thing is harassment, however if he can show that this was a genuine error, an oversight in admin which meant they thought you were liable for the fees, rather than deliberate attempt to try and pressure you into paying, then it is going to be a rather weak claim. In the circumstances if you are going to try and go to court just to get him back for what happened, you are likely to be making a weak claim just for the sake of it and be exposed to further costs and stress, and likely walk away with nothing. So it may be best to save yourself that potential headache and let the matter go. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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