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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3771
Experience:  Solicitors 2 years plus PQE
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I have a question. I have an online business and I have been

Resolved Question:

Hi I have a question. I have an online business and I have been unable to deliver an outfit on time the customer is threatening to take me to court because of this even though I am giving her a full refund; will it get dragged to court or what? It is really stressing me out
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Also is there anything I can say to her to avoid her taking it to court
Yes I understand her outfits late but taking it to court is a bit out of order.
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. What is the customer threatening to sue you for i.e how much money? When you were given the deadline did you state this was an estimate only? Kind regards AJ

Customer: replied 1 year ago.
No she just emailed me this"You have left me with no choice but to take you to court. I have told my solicitor everything and after this wedding as you have failed to provide with the outfit that you supposedly have in your possession I shall begin the court proceedings. "I don't know if it's a threat or what it is; but I thought it would be safe to askIt was an outfit for a wedding function of £375 it hasn't arrived on time and she asked for a refund I said that's fine I will put it through but she added this to her email when giving her refund details
Customer: replied 1 year ago.
This is the first time someone's threatened me so I got worried and thought I'd ask a professional
Customer: replied 1 year ago.
I've attached her email
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. I would write back to them as follows:

(i) You have given them a full refund which is more than fair given the circumstance;

(ii) You have not suffered any additional loss and have plenty of time to source another dress;

(iii) Any deadlines you give are estimates and time clearly "was not of the essence";

(iv) You will vigorously defend any attempt to sue you, and will hold her responsible for any additional costs or expenses you have to waste in trying to settle the claim.
(v) You have done everything possible to settle this amicably and will show the court all the emails you have sent showing you have conducted yourself in a reasonable manner and compensated for the loss at the earliest opportunity.

If she wants to sue you, unfortunately that is her prerogative, but she will have to show she has suffered a loss and as you have refunded that will be difficult to prove to a court. This will also be a very expensive exercise to take to court and she will spend far more on solicitors fees that she wont be able to claim back (costs in a small claim are fixed to about £100), so I suspect this may be just talk.

Kind regards AJ

Customer: replied 1 year ago.
Is there anything else I can say to settle it and scare her awayHere's what happened
She ordered the outfit a month ago
Delivery was meant to be 25th July
But it's still delayed
And the function she's wearing it for is 19th July it's her bridal outfit for one of her occasionsObviously it's not here yet so she wants a refund; I havent been able to pick up her calls because my phone hasn't been working so she emailed me
She wrote that paragraph I sent above in in the email too
So I got worried maybe she is looking into taking me into court ? And I didn't know who to ask so I contacted you guys as I'm really worried and stressed out now
Customer: replied 1 year ago.
Expert:  Alex J. replied 1 year ago.

Hi Thank you. I doubt she will take you to court, especially using a solicitor, it will cost her more money than she will likely recover. There is nothing else you can do to scare her per say, other state you will hold her responsible for your costs associated with defending the claim. Ultimately if she wants to bring a claim (rightly or wrongly) it is her prerogative. You can take piece of mind in the fact that you compensated her - really she does not have anything else to claim. Kind regards AJ

Customer: replied 1 year ago.
Hi last thingJust to update you she spoke to my colleague on the phone yesterday
Said she just wanted the refundThen she messaged saying if she accepts the refund she can't claim and she wants an alternative outfit paid for plus full refund plus compensation otherwise shel file the claimWe had her account details on file and said you agreed for just a refund yesterday and we've put a full refund into your account. Now she has the refund in her account is there anything she can do ?Nida
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. In court she can only claim her actual loss, she cannot claim something that she didn't have in the first place - therefore compensation and a new dress would be out of the question in terms of a court claim. I would write back to her and say you have refund her the cost of the dress she has not suffered any loss and will defend any claim she brings. If she still wants to claim again that is her prerogative. I would stick to your guns otherwise, she has not suffered a loss especially as you have refunded her. Kind regards AJ

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