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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22930
Experience:  Senior Partner at Berkson Wallace
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We paid a printers £400 for jigs in the thinking we would be

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Hi, we paid a printers £400 for jigs in the thinking we would be using them for the foreseeable future and so could recover the costs a little. However, said printers have announced they are stopping printing after only printing 2 runs. Can we claim back some of the money for the jigs?
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: We have emailed them and complained but they are offering nothing
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not at the moment thank you

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Did they guarantee longevity?

Customer: replied 6 days ago.
No they did not. We have used them previously for other bits of printing. When they first emailed to tell us they would no longer be able to print our custom order which we had the jigs made for it was because they were stopping custom printing. When we complained they have changed the story and said our custom order was too difficult to print and that’s why they will no longer print it
Customer: replied 6 days ago.
We have all emails to and from the company

I have been asked to look at this for you.

A lot would depend on how the company represented the charge for the jigs and whether it was a one-off charge to do the job you are having done and you assumed that you could use it for future jobs or whether they intimated that you could use it for future jobs.

 

I whether these jigs are of any use to you or to any other printer but they belong to you unless you paid the very common “part cost of jigs”. In which case they belong to both of you.

 

I am not aware that anyone has ever been to court over this “part cost” although there may be case law hidden in an archive somewhere.

 

What you have to appreciate is that even if I tell you that they are obliged to refund you, if they don’t, you have no alternative but to take them to the Small Claims Court.

 

The problem with that is that they did not guarantee longevity. Even if they change the story but it was too difficult to print, I think you have probably been misled.

 

However unless you want to take them to the Small Claims Court, you are going to have to walk away from it.

 

You may find that if you threaten them with legal proceedings in respect of this GBP400, they set up and take notice although if they don’t, you are going to have to issue the proceedings and then follow all the way through to court and see what opinion the judge has.

 

They may not let it go all the way.

 

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Customer: replied 6 days ago.
Well we actually owe them money from one of the invoices which we are holding at present because we do not feel we have had satisfactory service, the amount is £288. When we paid for the jigs it was definitely under an understanding of working with them for some time and not a one off job. They were double the price of other printers but because we had used them previously and had been working with them for some time we went with them. The jigs do belong to us but we can not find another printer who wishes to use them as they all prefer to make their own jigs.

You could potentially negotiate with them and tell them that you feel your entitled to a refund of the GBP400 because you thought that was going to be whatever book that you are willing to accept the GBP288 on the latest invoice in full and final settlement if they consent you a credit note.

They don’t, the matter is going to have to end up in the Small Claims Court.

Make the point to them that even if they gave you the jigs, they are useless because no one else will use them.

If you are making an offer always market Without Prejudice Save as to Costs and then they cannot produce it in court as any admission that you owe anything.

Customer: replied 6 days ago.
Oh thank you, that’s really helpful advice. I really didn’t know where to turn to for help. Is there a certain legal person I need if it does go to a small claims court or do you just represent yourself?

I am glad to help. Just represent yourself. It’s relatively straightforward and proceedings, if it gets to court are quite informal.

Just give plenty of notice that if they don’t play ball, you will be issuing court proceedings and give them a deadline.

 

www.moneyclaim.gov.uk is quick and easy. You can prepare the proceedings now, and save them online ready to issue them whenever a deadline expires.

 

If you could help me, in the way that I have helped you, I would be obliged if you could please use the rating service because that gives payment for my time and expertise it today.

If anything else crops up, we can still exchange notes.

Kind regards.

Customer: replied 6 days ago.
Just lastly, if it does go all the way to a small claims court, in your opinion as a solicitor which way is it kost likely to fall. Is it literally 50/50 and pretty much down to how the judge is feeling on the day?

Even if you get a barrister’s opinion (would only cost you about GBP800 plus VAT!) They will rarely give you more than 60% chance of success.

As this was going for? In my opinion, yes it is.

I think had a reasonable expectation that you could carry on using these for a long period of time otherwise you wouldn’t have spent GBP400.

What chance do I think you have of winning,?

Literally, 50-50.

BUT hopefully, if you issue court proceedings or you defend the proceedings, common sense will prevail, you give them the 288 quid and they give you back, say, 300 quid because you did get some benefit from the jigs albeit only short-term.

If you could help me, in the way that I have helped you, I would be obliged if you could please use the rating service because that gives payment for my time and expertise it today.

If anything else crops up, we can still exchange notes.

Kind regards.

Stuart J, Solicitor
Category: Law
Satisfied Customers: 22930
Experience: Senior Partner at Berkson Wallace
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