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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Mechanical issue

Customer Question

mechanical issue
Submitted: 12 months ago.
Category: Law
Expert:  Ben Jones replied 12 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 12 months ago.

Please can you provide me with some more information?

Customer: replied 12 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 12 months ago.
do you need my phone number?
Expert:  Ben Jones replied 12 months ago.

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

Customer: replied 12 months ago.
Ben it case of unpaid bill of material supplied by me, it was cast parts
Expert:  Ben Jones replied 12 months ago.

Thank you. How old is the debt and was this a private or a trade sale?

Customer: replied 12 months ago.
my company act as an agent and import the goods from other country and supplied in UK based company in three lots.
my client initially raised the issue of quality in the first lot and we gave him promise to rectify in other lots.
GBP 15 + 22 + 25 K we supplied and he paid us 25 k in due course but now he is telling us to dispose rest goods in scrape.
Customer: replied 12 months ago.
trade sale : we three invoices date 6/8/15, 7/9/15, 9/10/15
Expert:  Ben Jones replied 12 months ago.

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

Customer: replied 12 months ago.
following is the notice from my client
"I believe we have made our position quite clear. You were put on notice on 1st October 2015 that the goods were not to the required specification and I presume that you advised your insurers at the same time. We cannot use these goods because we are not covered by our insurers for knowingly using sub-standard goods.
If you can find a NDT method of determining which goods are within material specification (at your cost) and which are not and you, or your insurers, underwrite the risk then we can move forward otherwise we will no alternative but to scrap them.
Please advise us within the next 14 days how you wish to proceed.
Regards"
Expert:  Ben Jones replied 12 months ago.

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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Ben thanks for your reply
my concern is then why they start paying me at initial stage.
and what is arbitration body. these material used in highway, railway, civil and construction sites who could be the arbitration body. I have not decided to go to the court yet I have not enough money now and I am not sure how much court fees and solicitor's fees are.
whole lot they rejected are not faulty. They did not pay me the big amount and it is HMRC regulated goods if they dispose the goods I will be in trouble and I would not get my VAT back. I talked to HMRC earlier and they told me that I need their permission to dispose the goods Notification 266 something like that
Expert:  Ben Jones replied 11 months ago.

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.

Customer: replied 11 months ago.
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.Ben you quoted this statement but How/Where can I find particular arbitration body? Is there any website? I google it but could not find anything.
Please kindly guide me.
Expert:  Ben Jones replied 11 months ago.

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:

http://www.cedr.com/solve/arbitration/#schemes

Customer: replied 11 months ago.
Thanks BenNow I strongly feel that I am going on right direction. Please stay with me and I will update you and might need your kind help.
Expert:  Ben Jones replied 11 months ago.

no problem

Customer: replied 11 months ago.
Ben
My matter is moving now. Where can I get lawyer to give them notice to recover my money?
Customer: replied 11 months ago.
What will be charge of the lawyer ?
Expert:  Ben Jones replied 11 months ago.

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

Customer: replied 11 months ago.
Ben
I think this is the clear case of evading liability by deception. My client still rushing to scrap my material. I did lab test of the material in Uk and I founded nothing wronge with chemical compositions of the material. How can I proceed?
Customer: replied 11 months ago.
Ben I am checking the website of www.moneyclaim.gov.uk. but it is so confusing it says pre-action protocol and so many thing how can I proceed ?
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 11 months ago.

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

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