How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78478
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I paid a deposit to have some garden work done back in July

Customer Question

I paid a deposit to have some garden work done back in July and it hasn't been done and I can't get a reply from them
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No it was one verbally
JA: Where is the property located?
Customer: The garden at at my house
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just that I only have the phone number
Submitted: 17 days ago.
Category: Law
Expert:  Jo C. replied 17 days ago.

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.

Expert:  Jo C. replied 17 days ago.

are they still trading?

Customer: replied 17 days ago.
I think so
Customer: replied 17 days ago.
I will have to cancel this as I have to go out as I have an appointment, can you please refund the £5
Expert:  Jo C. replied 17 days ago.

You don't have to cancel. I can do this and you can just pick it up later?

Expert:  Jo C. replied 12 days ago.

Obviously I can only give you a general answer as you haven’t come back.

Yes, you could sue over this.

If this is a limited company you can also sue the directors. They are liable if they acted fraudulent or negligently.

You need to write to them to demand payment within 30 days and say that if they do not pay you, you will issue county court proceedings against them. See here for a guideline

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

You can issue here

www.moneyclaim.gov.uk

If this is under £10k then that is just a small claims court sum.

Even if it is under £25k the costs are fixed.

You claim for the sum of the loss, interest at 8% per annum and the cost of issuing.

If you succeed then they will have 14 days to pay in full and thereafter you can enforce using bailiffs if needed. You can also freeze their account or seek a charge on their property.

Can I clarify anything for you?

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Jo