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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 77165
Experience:  Over 5 years in practice
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I have had further correspondence from a solicitor asking

This answer was rated:

Hello hello
JA: Where is this? It matters because laws vary by location.
Customer: hello I have had further correspondence from a solicitor asking for monies. I have replied as yourselves subjected with me letting them know i was sorting out replaces but people havnt been allowed to travel because of this Corona virus but they have now given me a date to complete by which I don’t know is achievable. Also they asking for monies back that they say they have overpaid for works which I have stone wall proof they are incorrect and a product they say was not what they ordered but again I have loads of emails showing it’s all correct. They are demanding this paid . I am based in England
JA: What steps have you taken so far?
Customer: I have replied stating that all the snagging will be performed once the manufacturers are allowed to travel to the property and that I do not see this money. Also asked for a asbestos report as the clients have been saying about asbestos present at their property but didn’t make me aware of this before I started work. They will not respond or acknowledge any of my requests or that the works are going to he looked at
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Only that I am being asked for £10k but they will not tell me what this money is for?
Customer: replied 14 days ago.
The uk

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

Does this refer to a previous question?

Jo C. and other Law Specialists are ready to help you
Customer: replied 14 days ago.
Hello Yes it does. I think you spoke to me last time approx 3 weeks ago about these clients

You really don't need a new phone call or a new question. I would have been happy to do this as a free follow up on your old question. You could still ask for a refund on this question we could do that

Customer: replied 14 days ago.
I’m happy with what’s easier for you. I can carry on with their demands on the letter I received yesterday.
Please let me know

Okay, we can carry on on here but you really don't need to bear more cost.

We always knew they were going to do this. It doesn't really matter as long as you keep setting out your position and make all efforts that you can.

You can't wave magic wands around. All you can do is what the law allows. Lockdown is lifting now so there might be more that you can do.

You can't really do much more than update them and make offers to attend.

If they want to sue then it will have to be defended.

But they were never going to accept this.

Customer: replied 14 days ago.
I told them I would get a service guy out as soon as they can but have given me until 3rd July which I have stated I don’t run the company’s diary. They point bank don’t agree that they havnt over paid. They will not answer how they come up with the £10k figure.as I don’t know what I’m defending myself against. And they havnt acknowledged this asbestos risk that I’ve asked for a report. If they are simply not answering anytime I send back to that what can I do?
Customer: replied 14 days ago.
Thankyou about the costs.

Don't worry too much about what they agree. Just keep setting our your position. They will have to sue if they disagree.

is there no way you could arrange 3rd July? That is a fairly reasonable time period.

Customer: replied 14 days ago.
Well it’s the manufacturers that are going to attend and they haven’t given me any hope they could get there in that time scale . The job is 400 miles from them and will need a hotel stay and hotels are currently closed . I have asked the question

OK, if you can't then you can't. Try to put some pressure on the manufacturer.

The manufacturer has responsibilities to.

If it can't be done by the 3rd of July then it shouldn't be too long after.

you only have to show that you made reasonable efforts And I suppose nobody else can resolve this either because everybody else has the same problem

Customer: replied 14 days ago.
Ok I will do. The issue about the £10k I’m being asked for they haven’t replied to how this is made up either is this still the case they don’t have too? And if it does end up in court can I charge them for my time repeating myself and my answers for the last 2 months? And one last one I could avoid it going to court by showing them why I don’t owe them money but will it look bad to a judge if I wasn’t trying to avoid it going to court?

Is that the overpayment?

You should probably set out your position in writing about that.

You do get costs but only legal costs rather than the time these malingerers take up. This is the problem with complaints. They are never anything to worry about but they make you waste your time over their attention seeking twaddle.

No, it won't look bad. Judges like attempts to negotiate generally. There are exceptions to that but not here.

Customer: replied 14 days ago.
Sorry one very last thing There is a serious possibility the customer didn’t tell me about asbestos at the house and I honestly think after I’ve asked for a report about the asbestos they are ignoring it because I’m on to something. He was the one told me after the work was completed where he was trying to up the cost of his claim. Is there something I can do with this?

Only if you suffer some form of personal injury but, yes, you could use it to deter them by asking for more information and talking about the risk they created.

Customer: replied 14 days ago.
As it’s a long term thing I won’t know for 20 ish years. That’s what I’m worried about. And yes that was the overpayment they say has happened and I have emails clearly showing it wasn’t. So I give them some info but not all?

No but you can intimidate them by referring to the risk of latent damages.

All you have to do is set out your position re the overpayment. You don't actually have to show them your information and the risk is that they will fashion their account to it.

So giving them some information would be fine.

Customer: replied 14 days ago.
Ok that’s great Thankyou for your help again. I won’t run the rest of your weekend. I may be back in touch at some other point in the future.
Thankyou

Welcome.

All the best