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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long ago did this all occur?
My apologies. So to confirm, he has not requested any payment from you since the move on 29th July, until yesterday evening?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice in a while 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.
Many thanks for your patience. This would be a contractual matter based on what was agreed at the outset and any such agreements would be contractually binding between you and the other side. In this case, there was an offer made by the removals company for a specific price which based on their own enquiries. If they were not satisfied that they had sufficient information to decide whether the price is reasonable, then they should have either rejected it or asked for more detail or even visited the property. They decided not to and they took the risk on to themselves to do the job for the agreed price. This price was not conditional on anything, it was not subject to them inspecting the load and deciding if it was indeed reasonable – it was an unconditional acceptance of a set price and it means that they would have to honour it.
Whilst there is nothing stopping them from asking you for more money, you certainly do not have to pay them. The only way they can force you to do so if they take you to court and win and in the circumstances I doubt that would happen as they would have a rather weak claim.
If they do not make a claim and just continue being a nuisance, contacting you and asking you for payment, then eventually this may amount to harassment and you will have further protection to deal with them if necessary.
This is your basic legal position. I have more detailed advice for you in terms of the law on harassment and how it can apply to you here, 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
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Thank you. As mentioned, their conduct could potentially amount to harassment, which could be both a civil matter and a criminal one. The law states that a person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions.
Under criminal law, and if this is reported to the police who then take action, the punishment for harassment can be imprisonment and/or a fine. A court may also impose a restraining order for the purpose of protecting the victim.
In addition to criminal action, a civil claim can also be brought against a person who is alleged to be guilty of causing harassment. The courts would award compensation to the victim, something that is unlikely to happen if this is pursued as a criminal issue.
So in the first instance the police can be contacted and this matter reported to them as harassment. However, they will not often get involved in trivial disputes so if they believe that this is not serious enough they could refuse to help and advise you that this is a civil matter. In such circumstances, the victim can warn the harasser that their actions are being treated as harassment and that unless they refrain from such behaviour in the future they will be reported to the police and legal action under harassment legislation taken against them.