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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long ago was this?
and do you have the business address?
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.
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?
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
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
Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you
No one can give you certainty because anything can potentially be overturned by a court. So I can just tell you the most likely scenario based on legal principles, but no matter who you ask, no one can guarantee anything at this stage.
There is no automatic legal protection for someone offering to put something right when that is not realistically possible. They cannot just make such offer, knowing it cannot reasonably happen, then claim they have protection as they have ‘offered’ you something. It has to be realistic and it has to try and solve the problem and if it can’t, then it cannot really be used as a defence.
Does this clarify things a bit more for you?