Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What costs have they actually incurred and have they completed any work for you?
ok thanks leave it with me please I will reply later on this eve on here
Thanks for your patience. If you were to accept the amount in full and final settlement then yes, you would be prevented from taking this further as you would have basically accepted a formal offer so would be bound by its terms. If you wanted to pursue them for the full amount then you wold have to reject their offer and then either continue negotiating or start proceeding to recover the full amount. This is going to go to the small claim court as it is for below £10k so the risks are relatively low, in a sense that you won’t have to pay extortionate amounts to make the claim, you won’t need legal representation and even if you lost you would not be responsible for the other side’s legal fees. If you are adamant that you want the full amount then you reject their offer an state that you are simply going to pursue this down the legal route and as you are very likely to win (due to the fact that they have acted negligently and incompetently and not provided you with anything of value), their liabilities will increase because not only will you be claiming back for the deposit you paid but also for your court fees.
If you need to you can eventually proceed to making the claim, you have 6 years so there is certainly no rush.
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, 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
Hi, no the risk (worst case of course) is you get nothing, for example if the court thinks you have no claim at all and they are due the full £6k but I think that is very unlikely. Of course I have to highlight that this is a risk though.
In terms of taking this further yourself, 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. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand
4. 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 there, just to cover yourself I would suggest you go through these steps - it will not delay tings much and will show that you have acted reasonably in the process.