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What are you getting in return, if anything please?
we got advise, and supposed to get cctv added to to make it better, and any shop fittings changed to help with security, both of these were done, but very badly, and had to be put right by me
Did they give you a contract to say they would do the things?
But they said they would do certain works? Was this in an email?
no it was verbal, although i have lots of emails trying to get the problems put right, and got replys saying things like, sorry you triped on the unsafe flooring, I will contact the carpenter to come and fix it, he never did
Sadly I don't think you would get an injunction because a Court would consider you could be compensated instead.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you?
So are they able to use film footage in our private lounge to use on tv without having a signed release form giving them permission to do so?
They should have permission - but if it went to Court and you sought an injunction Chris would be asked did he know of the filming and what was going on.
If Chris says yes as I suspect it was obvious and spoken about a Court is more likely to award damages for the payment rather than stop production and airing.
That is what a Judge has to weigh up when considering an injunction particularly an ex parte one - can one party be compensated for their loss?
If he wants to seek an injunction then clearly he will need legal representation.
The cost of issue is £175 to start the process at Court.
If the TV Company object then the matter will be set down for a trial on the issue. I suspect they willl.
He would then have to pay for a Solicitor to draft paperwork and represent him in Court. A Solicitor is likely to charge around £150 per hour and the time spent to trial would be around 20 hours or so.
Then there are additional Court fees to pay for a trial.
These are around £1000 or so.
If Chris wins he would get most of his costs back, but not all. If he loses then Chris would also have to pay most of the TV Company legal costs.
This is why a Judge is more likely to order compensation rather than an injunction
Am I able to clarify anything or give you more information please?
ok, so they get their tv programme as they wanted, when we were left with a H&S issue as in a trip hazzard left by their workmen?
H&S issue is another matter all together and entirely separate from the release issue.
But you can issue proceedings for the costs you have incurred.
Does that clarify?
yes, so I can claim for costs, but they way they have conducted theirselfs means nothing
I agree - the way they have conducted themself is not great. But that in itself does not give rise to an action
Ok, not great news, but at least we now know where we stand
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