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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50143
Experience:  Qualified Solicitor
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BenWe followed your advice and wrote to the Company

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Hi BenWe followed your advice and wrote to the Company detailing all the problems and told them we considered they were now in Breach of Contract, delivering a website that is not updatable and that even they cannot fixWe gave them the option of settling, within 10 working days, this dispute by paying the £15600 we have been quoted to fix it. If they did not respond we would take them to court for the full £26000 we paid for the siteThey responded after 10 working days and told us that they needed more time to look into thisWe agreed to a further 5 working days (their website gives a procedure which indicates things could take 15 working days)We specifically told them that if they did not respond by Monday 15th February we would place the matter in the hands of the courtsMy questions now are:1) Should i send them an invoice and give them 7 days to settle before i go to court?2) i paid the deposit of £6000 on a business credit card for this website. Should i contact the credit card company and try to get my money back this way first?Look forward to further advice or alternative courses of action from you on this matterRegardsTracy
Hello I will go over the previous conversation we had to remind myself of the issues and will get back to you this morning thanks
Customer: replied 2 years ago.
Hi Ben, OK, thanks. I am attaching the letter we sent them if that helps
Thank you. If they have not got back to you, then you can proceed straight to issuing a claim. You would not be sending them an invoice as you are not the one who has provided them with a service, instead you my give them one final chance and state that as you have not heard anything from them as requested by the deadline, you are now going to issue a claim in the next 5 days and the next correspondence they will hear will be from the courts. That may just prompt them to get back to you but if they do not then you know you have given them this last opportunity and they know that court is up next. As to the credit card, you may indeed contact the issuer to make a Section 75 claim for the deposit amount. You can still include the amount in the court claim and if you happen to get it back later n you can just amend the court claim and take that off from the total being pursued. The issue with these Section 75 claims is that they are entirely in the hands of the card issuer and if they decide that there are no grounds to allow you to reclaim that money you cannot really challenge it and would have to continue pursuing that in court. However, you have nothing to lose by trying to get it back that way so contact the issuer to see if you are still within time to claim. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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