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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70695
Experience:  Over 5 years in practice
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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 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

How much was the deposit"?

Customer: replied 1 year ago.
163;2000
Customer: replied 1 year ago.
County court said I must pay back £200 per month valued up to £2665.
Customer: replied 1 year 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 year 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 year ago.

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

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

None really. I can answer on this basis.

What was the unforeseen circumstance?

Customer: replied 1 year 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 year ago.
I'm just concerned seeing I have started the work of which I have pictures.
Expert:  Jo C. replied 1 year 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 year 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 year ago.

Can I clarify anything for you?

Jo

Customer: replied 1 year 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 year ago.
What can I do if a customer pays a deposit and then cancel the work.
Expert:  Jo C. replied 1 year 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 year ago.
would recommend that I stop trading because I am insolvent?
Expert:  Jo C. replied 1 year 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 year ago.
Sorry
Expert:  Jo C. replied 1 year ago.

No problem. All the best.

Customer: replied 1 year 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 year ago.

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

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

Yes, go on?

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