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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11675
Experience:  Senior Associate Solicitor
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I have a client threatening to take legal action against me.

Customer Question

Hello, I have a client threatening to take legal action against me. I believe she has no right to. But would like to talk it through with someone
JA: Where is your client? It matters because laws vary by location.
Customer: London
JA: What steps has your client taken so far?
Customer: None, just a threat and is asking for more money from us We have given her a full refund as we cannot work with her
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That is fine
Submitted: 14 days ago.
Category: Law
Expert:  JimLawyer replied 14 days ago.

Hi, this is Jim, thank you for the question - I will resolve this for you.

Sorry to hear of the issue. If you have refunded this lady in full, I am not sure why she feels that she is entitled to more money. The courts would only ever put her in the position she would have been in had her consumer rights not been breached (as an example).

If she is claimant that she was inconvenienced or stressed, she could ask the court for compensation to reflect that but it would have to be serious enough to warrant court action and an award from the court.
If she starts a claim against you, you will receive court documents (a response pack) which you must complete and return to the court. It is a tick box exercise for the most part and there is a short section to write a defence which is easy enough though please feel free to come back to this site if you need any more help. A claim will also take 6-12 months to be decided at court. If you lost then you would get 14 days to pay the judgment before the claimant can enforce the order, and 30 days to pay in full before it is registered with credit agencies. The claimant cannot recover legal costs if they win, in a claim under £10K (a small claim), all they can claim are the court fees and interest.

I can assist you going forwards if it gets to the point they issue a claim. If her claim has no merit at all, you have the option of making an application (after you file a defence) to strike out her claim as having no merit. The court will grant an order of this nature if the claim discloses no reasonable grounds for bringing the claim or if it is an abuse of process. Again, I can help you with that if you get to that point.

I hope this helps and answers the question - please feel free to ask me anything else. I am not available for a call but I can answer anything else online for you if required.

Have a good day,
Jim

Customer: replied 14 days ago.
Hi Jim, thanks for this.So a few things:The client paid us for a service the amount of 4.5K.
We are 6 weeks into the 12 week service and have received threatening emails and overly aggressive responsives from the client
As a team, we did not feel comfortable working with her, with members of my staff breaking down in tears to me.For that reason I have given her the full refund in hopes she leaves my team and I alone.
She is now claiming that because we cannot deliver on our service (to build her a website), she has to refund her own clients who were expecting it. And is asking us to cover the refund for her.I want to make sure I am in the right here, and she has no claim against me?
Expert:  JimLawyer replied 14 days ago.

Hi, thanks. You are liable for the refunded amount and nothing more in my view. It is a contract (business to business, from the sounds of it), so she has no consumer rights as such. She can only claim for her loss. It depends if her further losses are reasonably foreseeable or not. If not and her further losses are too remote then she has no claim. She has not mitigated her losses by pinning all of this on to you either. The relationship clearly broke down between you both - threatening emails and testimony fro your staff would help support a defence to any claim she may make against you. To answer your question, I see no claim against you.

Expert:  JimLawyer replied 7 days ago.

Hi, I’m just checking to see if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or address anything else for you.

Many thanks,
Jim