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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75142
Experience:  Qualified Solicitor
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I'm an electrical contractor and i have a customer

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hello, i'm an electrical contractor and i have a customer threatening court action
JA: Where are you? It matters because laws vary by location.
Customer: london
JA: What steps have you taken so far?
Customer: its about a job we did for them. it was due to be split into two parts, and due to the way they handled the first part we are refusing to return for the second part
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not really

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.

What is your specific query in relation to this please, so that I can best advise?

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75142
Experience: Qualified Solicitor
Ben Jones and other Law Specialists are ready to help you
Customer: replied 16 days ago.
Hi Ben, can we speak on the phone?

What is your phone number and we can chat?

Customer: replied 16 days ago.

***********

I will call shortly, will show as withheld.

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Without the requested information, I can only provide you with general information, which hopefully will still be useful to you. First of all, I am sorry to hear about the issues you have experienced in your situation.

You cannot be forced to return and complete the job for the customer and all they can potentially do is accuse you of acting in breach of contract for failing to complete the works and pursuer you for compensation for any losses they have incurred as a result. At the same time, you can accuse them of acting in breach first, due to their behaviour so far and state that the contract had already been voided because of this and that your actions could not have amounted to a breach.

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, I presume the compensation sought is below £10k, in which case 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.

Customer: replied 16 days ago.
HI ben, sorry was it you I spoke to on the phone? i'm a little confused

No it was not, someone else accepted your call request

Customer: replied 16 days ago.
Ok ben, thanks for your reply, they pretty much said the same thing as in your email. Thanks for the help

Ok good to hear, it is usually a good sign when the advice matches :)