Thank you. Obviously, you don’t have a clinical negligence claim as you would have if this was treatment to a person. You do have a claim however under the Consumer Rights Act (which replaced the Supply of Goods & Services Act )for failing to carry out the contracted work with reasonable care and skill.
You also have a claim in common law for breach of contract.
The difficulty you have is quantifying what that is worth.
What you might want to do is consider sending them part of what they are asking for, the part you agree with, and quantifying why you don’t think they’re due the payment or full payment in respect of everything else.
I would suggest that rather than make an offer to them that you send a cheque. Cheques should be sent with a covering letter which states that it is in full and final settlement of this bill and that if they do not accept it as such, they should return it to you with a view to either discussing things further or they should issue legal proceedings which you will defend. It is unlikely that you would get away with paying nothing whatsoever. it should go on to say that by cashing itthey are confirming their acceptance.
You need to mark the letter Without Prejudice save as to Costs because then, they cannot produce it in court as any admission that you are in any way liable at all. If they are as high-profile as you say, it seems unlikely that they would risk the potential litigation from the allegations you are making with regard to the treatment.
If they returned the cheque to you, their only alternative is to take you to court.
A cheque in the hand for, for example, half of what they are asking for is a powerful incentive to accept that amount rather than argue over the full amount.
The more meaningful the amount of money you send, the more chance there is that they will accept it and put it in the bank.
Can I clarify anything for you?
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