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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61115
Experience:  Qualified Solicitor
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I have a small business manufacturing bespoke items. A

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I have a small business manufacturing bespoke items.
A customer ordered some of them and we made and delivered them.
As the customer did not have any experience specifying the items, he was not happy with the products.
As per our terms and conditions, we are covered on at least 4 points. There was nothing wrong with the items.
He disputed the transaction with his credit card provider but we won the case. After a few weeks it turns out he could claim again and my merchant provider (barclaycards) said they could not fight this and decided in his favour. I didn’t pay initially but Barclaycard stopped all payments to my account and deducted the amount.The question is - can we report this to the Ombudsman or take some kind of action to recover the money.We are paying for someone else’s mistake and we did nothing wrong..
Thank you.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

How long ago was this?

Customer: replied 7 days ago.
first transaction 28/11/2018
glass delivered in Januray
dispute 1 - won in Feb 2019
dispute 2 lost in May 2019
Didn't pay for 4-5 months and Barclaycard stop my payments and cleared the debt this week

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. Your best option would be to pursue the customer for the payments which were refunded to them. For that you need to consider a claim for compensation in the Small Claims Court up to the value that you lost.

 

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

 

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

 

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

 

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

 

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

 

Does this answer your query?

Customer: replied 7 days ago.
I was thinking of the options suggested but not sure if it is a viable one at the moment.
We foolishly accepted the goods back as the customer wanted us to inspect them. He didn't want the good to be inspected but in order to start a claim, he needed to return the goods. Once we accepted the goods, he started the claim. I believe he was refunded fully in May. If he kept the goods, it would have been a different story and it would not be possible to claim a refund. Thank you for your help on this.

All the best

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