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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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Assistant: Where is this? It matters because laws vary by

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Hi good evening
Assistant: Where is this? It matters because laws vary by location.
Customer: My small shop sells bespoke reclaimed timber kitchens I have a customer taking me to court with a list of things she claims are wrong I have never been asked to go back to look at these or if need be put them tight if they are indeed . Do i have the Any rights with this or can she just take me to court I alit of people are telling me I have the right to at leastook at what she is not happy with any try and sort out a happy solution
Assistant: What steps have you taken so far?
Customer: I have written to her and text her offering to change or remake one piece but refused to give her a refund and from there she has refused that a f said there ate all other sorts of problems and now what's a full refund, none of these claims she is now making I have seen
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I am due in s.all claims court tomorrow morning and are not sure what to say or do because the majority of what me made for her she was delighted and has now saying there are problems with them , but this has only arisen since I wouldn't give her her money back for 1 item
Customer: replied 3 months ago.
Canterbury Kent

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

She can issue a claim without trying to resolve matters beforehand but the court will take a dim view of this as litigation is seen as a last resort. The general view of the courts is that efforts should be made to avoid litigation, not just issue proceedings without trying to resolve the differences.

At the hearing it will be yourself, the customer and a district judge. She will have to say why she believes you are at fault - you just need to make great play of the fact she did nothing to avoid litigation and enter in to any sort of dialogue to try and avoid a court claim. You can say that you have tried to be amenable and that she ordered bespoke kitchen, which is not an off the shelf type so there may be more of a dispute if there was something she felt was not "right" with it.

She has limited rights here because you offer bespoke kitchens - although contractual rules still apply, so the product she ordered should be as described, fit for purpose, and be of adequate quality.

You also address the Judge as "Sir" or "Madam", just keep it factual and if the judge asks you questions about the dispute then again just keep it factual and do not blame the customer or "mud sling". If you also turn up half an hour before the hearing is to start. Just go to the court counter and them you are the defendant in a consumer claim case - they will ask your name and tell you where to go in the court. The hearing itself should not last too long.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

JimLawyer and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Thank you for your help I was under the impression that we as a company should be allowed at least one chance in maybe rectifying what she is not happy with yet we have not been asked to go back once, she has just taken us straight to court so all of the things she is now not happy with i have never even been asked to come back and have a look at which I find ridiculous and also very difficult to answer as I can't really pass comment on them this is also a year on after installing the kitchen
Thanks

Yes, she will be asked directly by the judge why she did not give you the opportunity. She should be penalised for that. You can refer the judge to section 3 of the pre-action protocol :

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct