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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73890
Experience:  Qualified Solicitor
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A consumer is wanting to go through small claims court

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A consumer is wanting to go through small claims court regards ***** ***** we did for them when as a Which? trusted trader we have proved we have not faulted. A n ombudsman ruled in our favour but he is still wanting to challenge us. Need to get a solicitor letter to him if you can help please. Please call me on 07572 487869 (Kevin Carvell)
JA: Where are you? It matters because laws vary by location.
Customer: Kings Lynn Norfolk and our client is in Surrey
JA: What steps have you taken so far?
Customer: please can you call in 45 mins
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i have all documentation but until i talk with themi dont know what they need

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Please explain what the customer is claiming exactly? and how long ago did you do the work?

Customer: replied 14 days ago.
Can I email you?

Unfortunately I am unable to share my email but if you explain what the customer is claiming in some more detail, I will respond on this thread

Ben Jones and other Law Specialists are ready to help you
Customer: replied 14 days ago.
Please call when convenient for you

Hi there, unfortunately we are just an online chat service so cannot send any letters on your behalf. Fr that you would have to engage a solicitor formally to represent you and do that work for you.

As far as your legal position is concerned, the customer can consider going to court if they chose to do so because they have the right to pursue what rights they believe they have. So if they wanted to make a claim they can, even if they do not have strong grounds to do so.

In any event, whilst a party can make demands for payment, instruct debt collectors or threaten legal action, it is important to note that they can only really force someone to pay if they actually go to court, submit a claim and are successful with it.

There is, however, no guarantee that they will actually ever go that far. Many people issue threats and demands, without ever having the intention of taking the matter to Court. This is done in the hope that the scare the other party into complying with their demands to avoid the risk of being taken to Court. However, until a formal notification of a Court claim has been issued, there is never a guarantee that a claim will actually be made and it could always remain just a threat, rather than reality.

Even if a claim was made, due to the value of compensation sought, this matter would be assigned to the Small Claims Court. This is a relatively low-risk option because it is specifically aimed at the smaller, legally unrepresented parties. The costs of claiming are not that high, there is no need to have a lawyer and incur further costs as a result and even if a party loses the claim, they will not be liable to pay the other side’s legal fees. All they would have to pay is the court fees, which at most will be several hundred pounds and whatever the Court has decided should be paid to the claimant as a result of their original claim.

Also, once judgment has been issued, on the assumption you lose, the judgment is entered on the Register of Judgments, Orders and Fines, where it will remain for 6 years. This is what is known as ‘having a CCJ’ and can impact your credit rating. However, if payment of the judgment is made within one month, the record will be removed from the Register and will no longer be visible. If payment is made after one month has passed, it will still remain on the Register for the 6 years, but will be marked as ‘satisfied’.

To conclude, it is possible to wait and see how far the other side is willing to take this before deciding on how to respond and even if a claim is made, it is possible to proceed and defend the claim in the knowledge that the financial risks of doing so will not be astronomically high and if any judgment made against you is paid within a month, there will be no further repercussions.

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.