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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50202
Experience:  Qualified Solicitor
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Small Court Claim/ Training course delivery My client

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Small Court Claim/ Training course delivery
My client wants to pay only 70% of the total amount stipulated in an invoice and contract in the basis that the end-client that received the training complained about my services, so they have to compensate the end-client. They have not provided any evidence of this. I also have evidence to claim that my training delivery was up to normal standards.
The first question is how strong is my case? and the second is: if I take them to a small court claim and for any reason they win, do I have to pay their solicitors fee?
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How much are you pursuing them for?
Customer: replied 2 years ago.


To comment on your actual prospects of success with the limited information available would be rather difficult so anything in relation to that is just an opinion and would not necessarily reflect reality. However, if they are refusing to pay for part of the course due to the reasons stated they would be expected to show that the service you provided did indeed fall below the level expected of a reasonable provider in your position and that they have suffered the losses they claim, such as having to compensate their client. So it does depend on what evidence they can provide – they may not have provided any yet but if they do once the claim is heard I court that could change things. Therefore, as it stands, you will have a reasonable case to take this further but that is simply on the assumption that they will be unable to justify their actions. If they do come up with reasonable evidence that could swing things in their favour somewhat, although it still does not guarantee that they will be successful. If you were to take them to the small claims court and lose then you would not be liable for their fees because in that venue each party is responsible for its own legal fees. You would lose the claim and hearing fees you would be required to pay to make the claim but apart from that our liabilities would be limited. So in many respects there is relatively little to lose overall should you decide to pursue this down the legal path. Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today.
Customer: replied 2 years ago.

Thanks Ben,

How long does the process takes more less? i know time varies but to your experience, how long will it take from submission of the form to the actual solution?

It does depend on the court and how busy they are, it will be a few months from submission until a hearing is held and a formal judgment issued. Of course the process could be finalised earlier if a settlement is reached.
Customer: replied 2 years ago.

in a nutshel. They offer me £3150 if I change my invoice to 7 days instead of 10. I particularly dislike the bullying attitude of no negotiation an no evidence, but in your experience, Does it worth to pursue this? or shall I take the £3150.

For instance can I take the £3150 and still issue a legal complain for the rest? if so how can I do it?

Well I can't say if it is a good offer or not because I have no idea whether they have any evidence they can use to support their argument - who knows what they have up their sleeve. They may be trying their luck but they could have a half decent argument too and you could end up getting a lot less or even nothing and be down overall, having paid the court fees. You could still try to negotiate them up a bit, maybe to say £3500 - you could give them that as an option. If you accept part and still pursue them for the rest you would do it in the exact same way but you need to ensure that you do not agree to take it as full and final settlement, which I was advising them I would tell them to do when they make the offer
Customer: replied 2 years ago.

My final questions is, I have asked for evidence and they have just ignore my request providing only the feedback by the attendants in which I score between 4.5 and 4.9 out of 7.

Can this work against them in case they provide it in the court?

if this has led them to have to consider a refund of the fees to their clients then yes, but it is not just that score they must also show that your performance actually fell below a reasonable standard and for that they will really have to rely on some more substantial evidence, like specific comments by the attendees, complaint forms submitted by them, etc
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