Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Please can you provide me with some more information?
Hi there. Thank you for your request for a phone call. I am unable to talk at the moment but if you provide the information requested, I will know if it is an area that I cover. Thank you
Thank you. How old is the debt and was this a private or a trade sale?
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Hi there, if you supplied goods to a client then there would be an expectation that they are as described, as agreed on any specifications and suitable. If they are not, for example if their quality is substandard then the client does not have to accept them and can challenge this. What level of quality they are will really vary from one product to another and from one industry to another. I cannot tell you of course whether the items you supplied are of satisfactory quality and that is something which someone with knowhow of the materials and the industry in question will have to determine. All I can say is that if the quality is in reality substandard then the client can dispute this and withhold payment until the matter is resolved. If you disagree with this then it is for you to consider whether you wish to take the matter any further. Apart from direct negotiations with the client, you can consider if there is an arbitration body which oversees your industry, but if there isn’t and the client refuses mediation, your only option is to go to court. It will then determine whether the items were indeed of poor quality and not fit for purpose and as such the client should not be paying for them, or should at least pay a reduced price. In reaching their decision the court could use expert evidence, such as from an independent party from the industry who can provide a professional opinion on the quality of these items.
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 take this further down the legal route, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Hi there unfortunately I cannot assist with the HMRC issues as that is a tax-related matter and you need a tax lawyer but we do have a section here that you can post a query in if necessary. In terms of trying to pursue this down the legal route you do not need a lawyer to do this. As to fees you need to pay it will depend on how much you are claiming not, you can search for form EX50 which details all the court fees and you can get an idea of those based on how much you want to claim.
As to pursuing this further, 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.
Hi, I am not sure unfortunately as this will be industry-specific and I do not know each industry and what arbitration may apply to them. So it is local knowledge more than anything, or it could be in the contract you had with them. You may also wish to contact CEDR, they may be able to assist with this:
Hi you do not necessarily need a lawyer to get this moving but you can use one if you wanted to and are prepared to pay their costs. The charges can vary greatly, it really depends on who you engage, their hourly rate, how much work they do for you, etc. So it is quite difficult to give you any charges
Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks