Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Can you prove that he caused the damage in question?
Thank you. The fact that there is no contract in place does not mean you cannot pay him for the work he has undertaken. Regardless of whether there was anything in writing or not, an implied contract would still exist the terms of which would be based on what was agreed between you and what ongoing practice was. So if you had agreed for him to do that work and be paid for it, he would be legally entitled to receive payment for it, even if no written contact existed.
If you had a written contract which said you can deduct any costs for damage from hi pay then that would have entitled you to do so. However, in the absence of a specific contractual clause allowing you to do so you cannot just make deductions for his pay, even if he had committed the damage in question. What you can do is as follows:
· You deduct the money for the damage from his pay anyway and then it would be for him to pursue you for what he believes you owe him. If he makes a claim then you can make a counter claim against him for these costs and a court will decide whether his claim will succeed. There is of course no guarantee he will go as far as making a claim or that the court will decide in his favour
· You can pay him what he is due and then make a separate claim yourself against him for the damage costs. However, again there is no guarantee the court will rule in your favour or that it will order him to pay you for the damage, especially if you cannot prove it was him.
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 make a claim yourself, 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
What are the amounts involved please? Please also quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process and will allow me to continue answering follow up questions, thanks
ok that's fine, as the amount is less than £10k it ill go to the small claims court. There each party pays their own legal costs. So worst case, they make a claim for the money owed, say £500 and they win. They will get the £500 back and you will have to pay the court fees, approximately £100-150 and some minimal interest, not more than £10 perhaps. As long as you pay what is ordered, there will be no further repercussions
No it is not a legal requirement