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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14788
Experience:  Senior Associate Solicitor
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I would like to have some legal advice in regards to a small

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Hi I would like to have some legal advice in regards ***** ***** small claim involving my business and a customer. Many thanks
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: judge decided in the customer favour after has damaged the good and now wanted to return it as faulty
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 would like to speak on the phone thanks
Customer: replied 16 days ago.
Please let me know any information you may require.
Many thanks

Hello

Welcome to JA.

Please note that this is not a chat service therefore you may experience delays.

What would you like to know today about the small claims track process?

Customer: replied 16 days ago.
I would like to speak on the phone if possible to explain the situation, how the court hearing went and have some advice on how to proceed with an appeal or counter claim. I can also send images of the damaged good and any additional information you require. Many thanks

Is it one where you went to a final hearing or is there a final hearing approaching on the matter?

Customer: replied 16 days ago.
The hearing already happened on the 2nd September and I believe the judge decision is not correct since she had no knowledge in the matter and the good wasn’t examined. The value of the good is £1,557.00.
Customer: replied 16 days ago.
She described the good is not robust enough however I do not understand how can reach such conclusion without involving an impartial expert or examining at least the good. Many thanks

Ok unfortunately  appeals is not within my expertise therefore I will opt out.

Thanks

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

You can appeal a judge if their decision was wrong, either on a point of law or procedurally. Ideally an expert report should have been obtained by the clamant to support their claim, or the goods examined, as you say.

I presume you did not ask the judge for permission to appeal. That being the case you must do so - you need to fill out form N164 (https://www.gov.uk/government/publications/form-n164-appellants-notice-small-claims-track-only) and send that with a cheque for £120 payable to HMCTS.
If permission is granted, you will be given a court order with further directions to prepare for an appeal. If the court refuses, you will need to appeal to the high court but this is where it starts to get expensive - you would ideally use a law firm for this if the county court refuses permission to appeal.

If you need a lawyer to act for you then there are pro bono (free of charge) lawyers who could assist you. You can try these firms for legal representation (they are a charity who connect you to pro bono lawyers) : LawWorks or http://www.nationalprobonocentre.org.uk/finding-legal-help/

Here is another: https://www.lawcentres.org.uk

And there is this one for advocacy (to represent you at the appeal hearing, assuming permission to appeal is granted) : Advocate: Finding free legal help from barristers

Note you need to ensure the N164 form is sent to the court well before the 21 day period (21 days from the date of your hearing).

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 16 days ago.
Hello Jim,Thank you very much for the quick and clear response.
I did in fact already prepared the form N164 however I wanted to have some clarification before proceeding. In case the appeal get refused, perhaps a counter claim against the customer for damaging the good can be a less expensive alternative way?Many thanks again
Customer: replied 16 days ago.
Is there any sort of declaration I can send the customer to make it aware that I have not intention to pay the sum but to appeal?
Would you be able to draft one I’m more than happy to pay for this service. Let me know if you require any additional information. Thanks

Hi there, normally if you are sued, you can then make a counter claim in the same action. It sounds like this case has already been decided by the judge so if you were to issue a fresh claim, you may need permission from the court to issue one.
You would simply need to inform the claimant/customer that you are not paying and that you are appealing instead. They shouldn't take any enforcement action as a result. Sorry we cannot draft anything as we are not a law firm but an internet forum so we just give information and guidance from a legal standpoint. We can review a draft for you and make suggestions if that helps.
Thanks again

Customer: replied 16 days ago.
Ok thank you, ***** ***** think the first and best step for now is to appeal right?

Yes, I would go with that as it sounds like the judge was wrong to make the decision due to lack of evidence.

if you send in the completed form, you can enclose a cheque or with your covering letter put in your contact number and the court staff should call you to take payment. Or you can post it in and call the civil listing section at the court and pay over the phone instead of waiting for them to ring you

Customer: replied 16 days ago.
Ok thank you, ***** ***** get in touch with yourself again here once I know the result of my appeal?Many thanks

Sure, if you come back to this site. We ask for any more questions after a week to be posted as new questions, in a new thread. It should not cost extra.
Many thanks

Customer: replied 16 days ago.
I mean can I speak again with yourself as I already explained the situation to you? Or someone else would pick up the conversation?

Yes, if you just mark any new question "FAO: Jim only" and I will see it - I will pick it up and we can speak then

Customer: replied 16 days ago.
One question as I have no intention to pay the amount to the customer, shall I accept the good back so I can have it examined by a third party or leave it with the customer?
I’d try get it back from them as if the appeal succeeds it’ll be needed for examination
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14788
Experience: Senior Associate Solicitor
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