The supplier may have breached their supply of goods and/or services contract with you. The supplier is under a duty in contract law and statute to provide you with a product and service that is fit for purpose, of reasonably satisfactory quality and matched the description at the point of sale. Your damages will be a refund on the price paid for the period when their services were not up to standard, plus additional costs of rectifying their defective work through another supplier.
It appears that you have already issued Small Claims Track Court Proceedings against the supplier for breach of contract and breach of statutory duty under the sale and supply of goods and services legislation and the court has listed a trial of your claim.
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.
The issues of fact and law, as well as economics and strategy in your claim are likely to be as follows:
1. There was a contract for goods and/or services in place between you and your supplier whereby you contracted to receive goods and/or services in exchange for your fees payable in one lump sum or by instalments within prescribed timescales.
2. The express and/or implied terms of the contract were that the supplier would provide the goods/services contracted for in a manner that matched the description at the point of sale and were of satisfactory quality and fit for purpose.
3. Was your supplier in breach of the contract and/or your statutory duties in failing to carry out your duties at point 2; or
4. Were you in breach of the contract by failing to provide clear instructions and pay your fees?
5. Since the normal rule on the Small Claims Track is that “costs do not follow the event”, you are unlikely to be ordered to pay the other party’s legal costs (aside from the court’s fees to issue the claim and for the final hearing, which are unlikely to be more than a few hundred pounds) and therefore you have “nothing to lose” in defending the claim through to a final hearing.
6. If you are minded to settle the matter economically on the terms that the supplier suggests, or want to make an offer of settlement of your own, so as to avoid the further time, expense and emotional stress of the trial, that is entirely your decision which you must base on your own personal emotional state and financial means.