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Had you specified your brief in writing to him at any point?
Hi Hilary, Please could you clarify whether you had specified your brief in writing to him as I understand that he had initially misunderstood your requirements and you then arranged to meet him in person to discuss this. Thank you
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Hi there, sorry for some reason my full response did not register last night so I will try again below:
Thanks for your patience. You do not have to pay him what he is asking for but at the same time he does not have to accept that and can proceed with a court claim. You both have the right to challenge the other and whilst you can refuse to pay he can take you to court.
Whilst there is no guarantee he would do so, he is legally entitled to do this, even if you can show that what he is asking for is unreasonable and hat everything else you say happened did actually happen and shows he has not acted as expected. However, he still has the right to prove you wrong.
One slight issue here is that a lot of the issues that have given rise to this were discussed verbally so in essence it could end up being your word against his. In these circumstances it could come down to who the court believes more, even if it is not the correct outcome.
One positive for you though, if this was to go to court, is that this will end up in the small claims court. Therefore the risks are relatively low, meaning that even if you were to lose the claim, you would not have to pay his legal fees. You would have to pay the court costs but these would not be more than £150, on top of what he is claiming. So that would be the worst case scenario really and considering that you could take your chances and refuse to pay and let him take this as far as he wants to.
Alternatively what you have proposed is also an option, where you offer further without prejudice offers. What you can also try is send him a cheque for the amount you are willing to pay and mark it as full and final settlement for this issue and if he cashes it then he would be accepting your offer that this is the final and only payment and he would not be able to pursue you further – It is a trick you can give a go and it may work.
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