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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1645
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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This might take a while to explain but I will try and be as

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Hi, this might take a while to explain but I will try and be as concise as I can.
JA: Where are you? It matters because laws vary by location.
Customer: I live in County Durham
JA: What steps have you taken so far?
Customer: I am going to copy/paste most of the story to you from another document I prepared in anticipation of this.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just that I am actually quite nervous of this person.
Customer: replied 22 days ago.
I am a virtual secretary and I was I was called by this person during the week of 28 September 2020. She asked me to do an administrative job for her of sorting, collating and cataloguing her personal files which went back at least 10 years.I explained my travel expenses to her during that telephone conversation (30p per mile if more than 5 miles from my home and £12 per hour – two hours’ travel there and back door to door, depending on traffic). She agreed and we arranged that I should pick up the documents on Monday 12 October 2020.I arrived and she initially gave me two bags but, having explained the travel expenses to her again, she proceeded to give me all the bags and then asked me if I would be willing to do a special price for her. I told her I could reduce my hourly rate to £10 per hour as a gesture of goodwill and then she asked if I could quote her for the whole job, saying that she hoped she could pay me in installments. I agreed and told her that I would ascertain how much it was going to cost and let her know. I did not bill her for the 45 minutes I stood in the rain as she fetched the documents and then talked endlessly.I did 11 hours’ work just separating the endless pile of documents into sections and then, starting with the medica files, into sub-sections and putting them into the best date order I could. I then quoted her £900 for the whole job, which was reasonable considering the sheer amount there was. I proposed £300 per month.She then came back arguing that we had fixed a price of £500 and that she would pay me £100 per month – ridiculous and completely untrue. I argued and she refused to back down so I sent her an invoice and told her that I was no longer intending to do any more work for her and I told her that a friend of mine, who has a courier company, would deliver her documents to her for free. She did not respond to my emails (she says she has problems with her emails) nor to the text message or voicemail left her by the courier company.I have been very explicit with her, please see emails between us so far and she is now threatening me. I have had eyes on her medical files and, unfortunately, she is a paranoid schizophrenic, which I didn't know prior to starting all this and she has law files galore with hundreds of perceived greivances. She now appears to think that I owe her something. I have attached the emails between us, culminating in the one she sent me this morning. I have no interest whatsoever in what's in her files.She scares me and I want her out of my life. Please can you advise me on what to do?
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 22 days ago.
I am okay at the moment, after all I contacted you quite late yesterday so I didn't expect an answer this soon. I just hope it won't take too long as I want this matter resolved asap and preferably within the time limit for the free trial - I'm not able to afford £50 per month after that. Thank you.

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

To enable me to answer your query, please provide me with some further information about your legal issue and how you want a lawyer to help you.

Customer: replied 21 days ago.
Hi Ed, I don't have anything further other than the explanation and the document I attached with the emails, starting at the bottom of the page, of what transpired between us? I have tried to give her documents back to her, I have not charged her a penny, I don't care about her or what's in her documents - I just want her out of my life. As you can see, there is no reasoning with her. She has fabricated this phantom 'verbal agreement' which, I can assure you, never took place and now she's inferring that she's going to set the law on me (believe me, she will do it, I've seen her massive amounts of complaints about everything and everyone. She only hears what she wants to hear and does not appear to understand plain English. I just want to know what I have to do to get rid of her. The only duty of care I have to her is to make sure she gets her confidential documents back - which is why I got my friend (who owns the transport company) texted her and call her regarding the delivery that was supposed to happen yesterday but didn't. She ignored the text (sent on Tuesday at 12:54) and the voicemail (left on Wednesday at 08:37), which is why they did not deliver the documents to her as they could not very well be left outside if she wasn't there. I just want to know if there is anything legal she can do to make my life more miserable than she already has? I thought of sending a signed, non-disclosure letter (or whatever it's called) stating that I have no intention of divulging any of her private life and I just need some legal advice so that I am accurate in what I say to her. I took photos of the piles of paperwork (nothing legible), which I could attach if you'd like to see them.

You have a claim in breach of contract against the client for non-payment of your fees. You should send a letter of claim to them. There are plenty of free templates online and the consumer protection advice magazine/website “Which?” has a useful template which you can adapt to your claim: https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim.

If they do not reply with their reasons for disputing the claim within 21 days, you should issue court proceedings via the Government’s Small Claims Track Online System: https://www.gov.uk/make-money-claim. The issue fee will be no more than £410 for a claim of this size.

A party cannot normally recover solicitors’ costs on the Small Claims Track. However, it is designed for non-lawyers (known as “Litigants In Person”). The trials are relatively informal, and the judges do not expect parties to have the same legal knowledge as experienced solicitors and barristers.

I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating to conclude this matter.

Kind regards

LawyerEd

Customer: replied 21 days ago.
I'm afraid you misunderstood me - I am not going after her for money, I told her to keep it. I just want to know if she has a leg to stand on legally as regards ***** ***** that I have 'had eyes on' her documents and that I have an 'implied duty of care' (please see last email from her at the very beginning of the attached document). All I want is for her to arrange for thier collection so that I can be rid of her.

Thank you for that further information. I can amend my advice as follows.

Aside from ensuring that you return her documents to her, there is nothing else that you can do in respect of the other party’s behaviour. If you make every effort to return the documents to her, she has no basis to make a court application against you and if she did, it would fail.

If she continues to harass you, you may report her to the police who may caution her.

Otherwise, I do not think that this is a matter where any law applies nor one that the courts can resolve.

In order for the civil law to step in and assist a claimant, they must have suffered some form of tangible loss, such as loss of business profits as a result of a breach of contract or infringement of intellectual property rights, damage to personal or business reputation (i.e. Defamation, Libel, Slander), wasted monies on purchasing a product or a service that was defective or never provided, personal injury or property damage.

I cannot see any contractual relationship or duty of care in tort between the parties in this matter, nor what damage, financial or other otherwise, they may have lost. Therefore, it is more of a personal dispute rather than a legal and commercial dispute. Overall, I think that the other party is unhappy with your conduct and just “blowing off steam” at you.

You should send one last reply to her that you are not going to respond further to their allegations and leave it to them to instruct solicitors and send a formal Letter of Claim to you before issuing Court Proceedings for recovery of her alleged losses. If this occurs, you should instruct solicitors to advise you on your legal position and defend any claim from the other party.

Ed Turner,
Category: Law
Satisfied Customers: 1645
Experience: Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
Ed Turner and 3 other Law Specialists are ready to help you
Customer: replied 21 days ago.
Thank you very much!