How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I did some work for a customer but we cancelled the job just

Customer Question

Hi there. I did some work for a customer but we cancelled the job just after it started. The customer paid a deposit and I was supposed to deliver the material which I didn't due to unforseen sircumstances. Now I am in a court deal with the customer to refund £200 per month. I have received a letter from trading standards saying they have received a complaint of fraud from this customer and that I am being invited to a formal investigation. Does it classify as fraud if I did start the work? I need some advise asap please.
Submitted: 1 month ago.
Category: Law
Expert:  Jo C. replied 1 month ago.

How much was the deposit"?

Customer: replied 1 month ago.
163;2000
Customer: replied 1 month ago.
County court said I must pay back £200 per month valued up to £2665.
Customer: replied 1 month ago.
No material was delivered because he paid the deposit and then money was taken out of my account so I couldn't pay deposit back immediately. Made offer to pay off of which it went to court and I am now paying it off.
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 1 month ago.

I will submit a quote as you have asked but we can carry on online at no extra cost?

Customer: replied 1 month ago.
Ok thank you.
Customer: replied 1 month ago.
What other information do you need?
Expert:  Jo C. replied 1 month ago.

None really. I can answer on this basis.

What was the unforeseen circumstance?

Customer: replied 1 month ago.
I hit rock bottom with debt, council tax rent. Before and these were deducted out of my account before I could pay back deposit hence why I offered to pay back in stages. I was suppose to purchase the material through a friend who said he can deliver first but never did. I have lots of other happy customers it's just this stage that I hit rock bottom due to health too.
Customer: replied 1 month ago.
I'm just concerned seeing I have started the work of which I have pictures.
Expert:  Jo C. replied 1 month ago.

I am struggling to see how that amounts to fraud. There is just no dishonesty.

I suppose they could argue that you shouldn't have been trading if you were insolvent but that is a different issue entirely.

All that will have happened here is that trading standards will have received a complaint from a hysterical customer that lacks credibility. As the Ched Evans case shows, not all allegations have merit and, in fact, sexual offences in particular often do not.

Expert:  Jo C. replied 1 month ago.

However, I would attend the interview and explain.

Trading standards are generally more reasonable than the police largely because they are not under pressure from noisy lobby groups who think that anybody accused is guilty and absence of evidence is just evidence of deviousness.

Expert:  Jo C. replied 1 month ago.

Can I clarify anything for you?

Jo

Customer: replied 1 month ago.
My accountant said I could trade even if I am insolvent. The person from trading standards said that I must get legal advise. I'm just concerned because I don't want to brake the law.
Customer: replied 1 month ago.
What can I do if a customer pays a deposit and then cancel the work.
Expert:  Jo C. replied 1 month ago.

There are corporate issues in trading while insolvent but obviously they are ones that are widely broken as some companies trade out of it.

Either way it is not fraud.

If a customers pays and then cancels then you are entitled to deduct the sum of your loss and refund the rest.

Customer: replied 1 month ago.
would recommend that I stop trading because I am insolvent?
Expert:  Jo C. replied 1 month ago.

I can't really comment on that. You would need the advice of a corporate lawyer and that wasn't what your initial question was about.

Customer: replied 1 month ago.
Sorry
Expert:  Jo C. replied 1 month ago.

No problem. All the best.

Customer: replied 1 month ago.
Hi there. I spoke to trading standards and they say that it is fraud. Need some more advise on this urgently please
Expert:  Jo C. replied 1 month ago.

On the facts you have presented here this is not fraud.

Customer: replied 1 month ago.
He said because I didn't have paper proof that letting the money be used out of my account is counting as fraud. He kept on about it and he is going through my bank accounts now. I really could do with a better look into this asap.
Expert:  Jo C. replied 1 month ago.

There is not really much I can add.

What you have told me above does not amount to fraud.

He may well believe that it is a fraud and be intent upon investigating. The facts you present above are not a fraud.

Customer: replied 1 month ago.
Can I send you more info
Expert:  Jo C. replied 1 month ago.

Yes, go on?

Customer: replied 1 month ago.
I tried to send you a file but no luck. It keeps saying an error occurred

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice