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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1910
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I am facing a court case regarding some writing work I did

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Hi,
I am facing a court case regarding some writing work I did for some clients. They are contesting the fact that I cancelled, with them having paid £5200 out of 12. However, I did this on the grounds that they missed 6 payments. they did this becaue they calim my work was not up to standard. So I have been told several tiems that the case hinges on them proving my work was below standard and they need to show an experts' report.However, in htier evidence they havent even mentioned my work, not got an experts' report or submitted any samples. Tehy just sent in a bunch of emails.
We have just had a prelimanry hearing to determine where and when the hearing should take place and as a result they have offerd to take the payment at a rate of £250 every forthnight. I cant afford this at the moment. Indeed, I am in receipt of universal credit and have outgoings greater than my income.
So I'd like someone to go through all the documents and advise me on what to do. I have the claim form, the contract we sign, my witness satement and thier emails at hand to send. sorry if this is a lot of work.

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.

Customer: replied 12 days ago.
Hi Ed, I would take you up on this offer, but I have a poor memory due to a disability (which is very much part of the problem) so you'd most probably have to write it out again anyway.

I have reviewed the claim form and your draft witness statement.

To enable me to answer your query, please provide me with some further information about the grounds upon which you are seeking to defend the claim.

Customer: replied 12 days ago.
On the grounds that mywriting was of a very high quality, exceedingly high. during the haitus Kim's parents died owing to Covid. When they came back they were different and viewd my work in a different light. They kept wanting me to add tiny details about thier fmaily lives and make int sentimental, which they didnt before. They point is, it's innocent until proven gulty and they havent proven a thing as far as I can see. Everythign they talk about before mid april is irrelevant as the allegations are for from September onwards.
Customer: replied 12 days ago.
In the questionnaire I sent I sent I said I disputed the allegations becaue I havent seen proof that my work was below standard and nor have been told what is and isnt acceptable
Customer: replied 12 days ago.
Also the work they had me do was differnt to the project details, which gave me some protection. In the contract it specifies that we had to devise a plot and characters for me to expand upon, which is far less work than what they had me do.

The Claimant has issued Small Claims Track Online Proceedings against you for breach of contract for approximately £5,000.00 damages for provide the goods and services contracted for under your book “ghost-writing” services.   Your defence is that you fulfilled your side of the bargain and any delays and failure were in fact due to the claimants’ failures rendering them in breach of contract and therefore you are entitled to keep the fees paid, and perhaps even to issue your own Part 20 claim for contribution and indemnity.

You must respond to the Claim Form as soon as possible (and before the 14-day Acknowledgement of Service deadline expires) stating whether you deny the claim in full, admit the Claim in full, or admit the Claim in part.   You should register with Small Claims Track online as a Defendant using the URL stated on the letter from the Court Service serving the Court Proceedings (https://www.gov.uk/respond-money-claim).   If you do not respond to the Claim Form (and indeed all other Court Directions) within the timescales stated, you risk the Claimant applying for and/or the Court entering of its own accord a Judgment In Default against you for the entire amount of damages claimed, plus interest on damages and Court fees.    This will mean that you have a County Court Judgment (“CCJ”) against you without the Claimant having to meet the burden of convincing a Court Judge of the substantive merits of the Claim at Trial.

The parties cannot normally recover solicitors’ costs on the Small Claims Track, even if they are successful at a fully contested final hearing.   This leaves you in a tricky situation as if you instruct solicitors to advise you and conduct your defence, you are unlikely to recover your costs at the conclusion of the claim if you are successful.

You should contact your home or business insurers and ask if they will cover your legal costs under a legal expenses insurance policy.   They will either pay your solicitors’ fees or appoint a law firm on their panel of solicitors to act for you.

If you have no other option but to defend the Claim yourself without legal support, rest assured that the Small Claims Track 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.   There is useful advice on bringing and defending Small Claim Court Proceedings on Citizens Advice (https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/), the consumer protection advice magazine/website “Which?” (https://www.which.co.uk/consumer-rights/advice/how-to-use-the-small-claims-court), and Small Claims Court Genie (https://www.smallclaimscourtgenie.co.uk/).

Aside from the direct expense of legal fees, you must also consider the “opportunity cost” to you and your business in diverting time, energy, and resources to defending a relatively small damages claim, which could be better spent servicing your existing customers and expanding your business.   Litigation is an inherently risky and stressful exercise, and you must consider whether an economic settlement of, say, 50% of the pleaded damages claim would be a good outcome to dispose of the matter before it escalates.

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.

Kind regards

LawyerEd

Customer: replied 12 days ago.
Sorry Ed, I think you've misunderstood the situation. The case is now being heard. We actually had a preliminary hearing. they submitted the evidence to the court and I the witness statement - these have bees ent so can't be amended. this morning they offered th elet me repay the money in installments of £250 per fortnight. I wanted to know if they have enough evidence to prove I am in breach of contract and if so, should I take up their offer. also, I cant pay a thing as I am on unversal credit and have outgoings that exceed my income. I cant see that they have offered any attempt at all to try and prove me wory was below standard after the haitus. I sent you the claim form just so you'd get the jist of what was going on.

I cannot advise on your prospects of success or whether you should accept as I have not seen the claimants' witness evidence.

I have answered your questions as far as I am able to on the Portal.   Obviously, there is a limited amount of advice I can give based on a few lines of text on the Just Answer instant messaging Portal.  Very often the best I can do is “point you in the right direction” for the sake of seeking more detailed advice.

If you want further bespoke advice, I need to review all relevant correspondence and documents and advise in a telephone call.

I will place an offer of a Premium Service Phone Call Request through on the Portal.  If you do not want this additional service, I wish you all the very best in resolving this matter and of course for safely navigating the current “choppy waters” in which we all find ourselves.

However, I do not think that this is a matter with which a solicitor can assist you via an “ad hoc” answering service like Just Answer.   I suggest that you instruct a solicitor under a formal solicitor-client retainer at additional cost.

Kind regards

LawyerEd

Customer: replied 12 days ago.
they didnt submit one. Tha tis something else. We had the hearing to day and the judge didnt seem to bother.
Customer: replied 12 days ago.
submit a witness satement

If the claimants did not serve their witness statements and you did, the judge at trial should have struck out their claim without a trial!

Customer: replied 12 days ago.
If I get the platinum service can you help me with this as I keep sending in emails and they never get answered

Yes, I can.

Customer: replied 12 days ago.
OK, I think this is the best option

So do I.

Customer: replied 12 days ago.
Sorry, but I'm having difficulty processing my payment. I'll try again later or tomorrow

OK, I should be on platform tomorrow.

Ed Turner and other Law Specialists are ready to help you
Customer: replied 12 days ago.
I've made the payment now

Great!   I have posted my contact details through on the portal and look forward to your call.   Alternatively, please provide me with your phone number and I will call you asap.

Customer: replied 12 days ago.
07541 485062 I'm free no wif you're available

Thanks, ***** ***** just collating your contact details and documents and will call you shortly.