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SolicitorRM, Solicitor
Category: Employment Law
Satisfied Customers: 3889
Experience:  Director and Principal Solicitor. UK
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I have a dispute about a claim against a company that

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I have a dispute about a claim against a company that provides property training and they have made misrepresentations to me. I requested the company for a refund and they failed to provide a proper response. I started legal action via online small claims and they have now provided a reply via the court action process to say they are happy to make a settlement via mediation and there will not be a need for the court hearing. I have replied and requested more information from them just in case if they fail to reach an agreement to settle the amount in full as per my claim.
I also have 2 other purchase amounts dating back from on 12/10/2019 and 13/10/2019. The 2nd invoice relates to the course I attended on 27/10/2019 and where they made misrepresentations to me. They also started making a sales presentation while they were suppose to be providing training for the course. The misrepresentations also related to the court claim I have started.I have written to them on the 2/06/2020 about the 2 invoices and not replied to date. Now I would like advice if I should make a new claim as it costs £115. Or do I add the 2 amounts to the main court claim and submit amendments to the court. The cost for this is £255Can you please advise me further??

Hi thank you for your enquiry and patience. You should write to them to seek their consent to amend your claim to include those two invoices and if they agree it will be cheaper as you file the consent order attaching the amendment, the cost is £100, and you will have one hearing fee to pay as opposed to 2.

IF they refuse to agree, you will need to make a formal application yes and pay the £255 application notice fee.

Either way issuing tow separate claims where at the time of filing the claim you already had the information for all the debts can be seen as abuse of process and you risk having a costs order made against you. It is best to bring them all under one claim.

I hope this helps and I would be grateful for your rating at your earliest convenience. all the best

Customer: replied 9 days ago.
Thank you for your reply, please note the company to date has not properly addressed the misrepresentations I outlined in my letter, even in their defence they have failed to address them. After I sent them a letter of action they sent an email reply saying that they will send a response next week pending further investigation on 13/03/2020.They failed to reply and I waited 27 days before I filed a claim on the online money claims court. I am concerned that they will use delaying tactics as they have not replied to my refund request for the 2 invoices of 2 June 2020. The defence has been filed by the company manager and they don't have legal representation so no legal costs.
I have also been made aware that by making amendments to the claim it will further delay the process and with the current Corona virus situation the courts are backlogged. I am very concerned about delays with the court process and how slowly things have progressed.As they have not replied to my refund request would it be ok to send them a letter of claim to the email I have for the defendant??If they fail to reply or cooperate with the letter of claim then take legal action??Can you advise about the steps to follow here?? What you would do in my situation??Also at the time of my first application I was not sure if I could claim as completed the 2 day course. I was made aware by a friend that because the company started making a sales presentation on the 2nd day of the course that was a breach and then they also made numerous misrepresentations relating to both the purchases I had made from the company. Thank you for your time and assistance.
Customer: replied 9 days ago.
With reference to the above if I send a letter regarding the second amount I want a refund for. In that letter I give them a 10 day deadline to respond, will this in any way affect me adding on the extra amount to my claim???

Hi thank you for your further information and questions.

As a litigator I would say amending is the better option, however I appreciate your concerns about the delay as you have to make an application and hope that that is accepted first before the claim progresses. I am not sure given the current delays we are seeing (6-8weeks) with the court whether a new claim would move as quickly as you are hoping. Once you involve the courts regrettably after submitting the claim the timetable is in the courts' hands and matters often take long before conclusion is they are going to the final hearing.

Your letter of claim has to give at least 14 days and if they do not settle them by 14th day you file your claim online on moneyclaimsonline website. You need to download form X50 to check the fee payable depending on the value of your claim. As you will know from your current claim they will have 14 days to acknowledge service and/or file defence. If you have issues with a defence you can reply to the defence and file this with the court you do not need to wait for final hearing. I hope this helps

Customer: replied 9 days ago.
Thank you for your response. Can you please clarify what you mean by if you have issues with a defence you can reply to the defence??? And file this with the court you do not need to wait for the final hearing??Also your ID name comes up as SolicitorRM if I need to contact you at a later time how do I get in touch with you??I am going to send a letter of claim to the defendant tomorrow by email and give 14 days for them to reply. By doing this will it affect me in any way to add on the extra 2 invoice amounts to my current claim??Also remind you that the defendant has said they are happy to reach a settlement of the claim via mediation without the need for a court hearing by email to me.How do you file the N180 form with the court?? I have these 2 emails***@******.*** ***@******.*** I was going to use the 1st email address.
They have not given me any instructions and they take a long time to reply.

Hi, if the defence does not respond to your claim or you do not agree with what they say and you wish to comment/reply for the benefit of the court

If you return and start your enquiry FAO Solicitor RM your enquiry will be added to my list of matters

You cant simply add 2 invoices to your current claim, this is what we discussed before that to do this and to change the value of your claim you need to amend your current claim. And you said you preferred to start a new claim because you believe amending will delay resolution of your current claim. So you are only sending a new letter of claim or the 2 invoices if you are going to issue a new claim for those invoices in court.

Mediation can still happen whilst the claims are running. You can advise them to include the 2 invoices in the mediation negotiations to prevent issuing a second claim.

Did you file your claim on moneyclaimsonline or you sent it by post to the county court money claims centre. that will determine what email address you use. The court does not reply really when you file, you get an automated reply acknowledging receipt and you just need to wait for the next Directions from the Court. They are extremely behind at the moment

SolicitorRM and 3 other Employment Law Specialists are ready to help you
Customer: replied 9 days ago.
Thank you for your reply. Please note I filed my claim on the moneyclaimsonline website.Anyway thank you so much for your time and your assistance. I am very grateful to you for your help and responses. I will request for you when I have any more questions. Thanks take care