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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59627
Experience:  Qualified Solicitor
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Retail advice - Taking small business to small claims to get

Customer Question

retail advice - Taking small business to small claims to get refund - SHe did the job badly, she admitted that - and offered to put it right - I said okay - But first I want in writing from you that its going to come back as I wanted it - she said - |You knew you couldn't have what you wanted before I did it - Now she has blocked communication on Facebook messenger and I sent letter by signed for she has not replied in 60 days - what are chances of success going down small claims route? Thank you
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: asked for refund - sent signed for letter - no response in 60 days
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have all the transcripts to hand
Submitted: 6 days ago.
Category: Law
Expert:  Ben Jones replied 6 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 6 days ago.

How long ago was this?

Customer: replied 6 days ago.
Hi Ben
Expert:  Ben Jones replied 6 days ago.

and do you have the business address?

Customer: replied 6 days ago.
she picked up furnitture 6th May 2019 - Dropped off 23rd May 2019 - Dispute has been ongoing since then
Customer: replied 6 days ago.
Jane Burgess The Owl’s Hoot*****HYDE
Cheshire
SK14 1ES
Expert:  Ben Jones replied 6 days ago.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 6 days ago.
Thisis the conversation from Faceook Messenger - And a copy of the letter I sent signed for because she blocked me on the messenger app - I have included screen shots to use as proof thta she blocked me
Customer: replied 6 days ago.
Also please Ben - What name do I put on claim forms if taking her to court? This is her Facebook business page: https://www.facebook.com/theowlshoothyde/
and this is her personal profile - she has two surnames: https://www.facebook.com/jane.burgess.581
Cheers ***** *****
Expert:  Ben Jones replied 6 days ago.

Many thanks for your patience. Firstly, the rules I work under do not allow me to discuss your chances of success in court. When solicitors determine these, we would conduct a formal case analysis and take the full details and evidence that are available into consideration. On this site we deal with very limited information in a Q&A format, so inevitable certain details and evidence will be missed. Therefore, if we discussed prospects of success based on this limited information alone, we could end up giving misguided advice and prompt you into either making a claim or not making one, when in reality we may have advised the opposite had we known the full details. That is why we are only limited to discussing the legal position and your options, without actually commenting on how good or bad a case you have.

However, the Small Claims Court is a rather low-risk option overall as even if you lose, you would not be liable for the other side’s legal fees.

In terms of who you address the claim to, I cannot see thus business operating through a limited company so it is likely a sole trader or similar, where the person behind it will be legally responsible for it. Therefore the claim can be addressed to her personally, and perhaps include ‘t/a The Owl’s Hoot’ next to it to make it clear that they also have a trading name.

Does this answer your query?

Customer: replied 5 days ago.
Hi Ben, thank you for your reply ... I understand the position in terms of stating 'chances' of success' - Maybe I worded it wrong - My query was more of 'where do I stand' ? do I have a case ? Beause she has offered to put it right - But as you can see in the messaging - When I asked for definate clarity on what 'right' is - She informed me that I knew that I couldn't have what I wanted (ie - The images I had shown her when we were meeting in person) - How does the law address those two issues that she is offering to put right - But now the dispute is what that right is - when initially allI had to go off was I told her what I wanted and showed her the pics I had and in no way did she say what I couldn't or couldn't have in terms of resulst - It was just 'yes it will be £305' - So am I justfied in law by asking for the refund? Cheers ***** *****
Expert:  Ben Jones replied 5 days ago.

Hi there, in the event of substandard work, the trader should either redo the parts of the work which are inadequate or perform the whole service again at no extra cost to the customer. This must be done within a reasonable time and without causing significant inconvenience. If this is not possible, the consumer can claim a price reduction, based on the severity of the issues. If the trader refuses to resolve the issues, or that is simply not possible, the consumer can consider getting someone else to do this and either deduct these costs from the total owed to the original trader, or pursue them for any extra costs that have been incurred.

So whilst she may have offered to fix things, if that is just not possible and she knows it, then there would be no requirement to go down that route. Just because she has offered it does not mean you have no rights and can still go as far as asking for your money back if needed.

Hope this clarifies a bit more

Customer: replied 2 day ago.
Hi Ben, so it is worth taking o small claims to ask for a refund as she has made it difficult for me to go down the route of here putting it right? And as she has used two surnames as I detailed - How can I ensure that this is covered in the court papers correctly?
Expert:  Ben Jones replied 2 day ago.

You may have no other option but to go to the Small Claims Court to take this further so must keep that as an option at the back of your mind. As to the two surnames, this is likely to be because one is her maiden name (usually the one in brackets). You can always use only the main one to start with and then if it is challenged on that point alone, you can ask for permission to change it to the other one