Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
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OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
First of all you have to consider if you are just trying to get back at them for what they did, without you actually wanting to pursue them for any money. You cannot financially penalise them if you have not suffered any losses yourself or had suffered a breach of contract by them. So penalising them would not involve any financial penalties from your side. You can however consider reporting them to organisations such as Trading Standards or Watchdog, which can deal with and expose rogue traders, if that is what these people are.
In terms of financial compensation for yourself, as mentioned this is only going to happen if you have suffered losses as a result of their actions or if they have not fulfilled their contractual obligations. So if you had to pay substantially more than what was quoted and they had not fulfilled their contractual obligations, it could allow you to take the natter further to seek compensation. It will not cost too much to do so – Several hundred pounds for the court fees and you do not actually need a solicitor so you are able to do this yourself and save a lot of money that way. The matter would be going to the small claims court anyway and this is a venue specifically aimed at individuals and small business who cannot afford a lawyer.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take the matter further, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. On the assumption you wish to pursue them for compensation, whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. 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 party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably 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 pursue the compensation due. 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 other side 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.