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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 currently going for a small claims hearing, england, I

Customer Question

I am currently going for a small claims hearing
JA: Where are you? It matters because laws vary by location.
Customer: england
JA: What steps have you taken so far?
Customer: I have made a claim and the defendant has defended so they have given us a hearing date. I registered with you and you helped and adviced on how to claim
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 12 days ago.
Category: Law
Expert:  Ed Turner replied 12 days ago.

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.

Expert:  Ed Turner replied 12 days ago.

To enable me to answer your query, please provide me with some further information about your legal issue and how you want a lawyer to help you.

Expert:  Ed Turner replied 9 days ago.

I note that you have not replied to my request for further information.   I shall therefore post a “general answer” to your type of legal issue.    Please revert to me if I am mistaken as to your type of legal issue or if my answer does not fit the facts of your situation and I shall be delighted to amend my answer accordingly.

Expert:  Ed Turner replied 9 days ago.

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.

Expert:  Ed Turner replied 9 days ago.

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 9 days ago.
Hi I sold a parcel to to a customer and the customer has refused to return the item even after Amazon refunded them. So I sent a letter before action. As customer did not return the item, we headed to the court.The date is 15 November and I want to know how to respond. Also does Amazon have any ground to tell customer not to return item even though they have refunded customer?Kindly advice on what steps to take
Expert:  Ed Turner replied 9 days ago.

Your action is against the customer for breach of contract in failing to pay for the goods, or return them if they rejected them as unfit for purpose.

I do not see how Amazon can have breached their supply of services agreement with you.

Customer: replied 9 days ago.
Customer claims that Amazon has told them not to return the goods even when they have gone ahead to issue him a refund from my accountI don’t think I should refund customer and still the customer keeps my high value item. My claim is with from the customer and not Amazon. They are only making reference to what Amazon told them which I know is not true based on Amazon terms and conditionsYou may not have gotten the details right.
Expert:  Ed Turner replied 9 days ago.

My reply at 14/09/2021 11:24 is still valid; just with the parties’ details reversed.   You are the supplier claiming for breach of contract against your customer for not returning the goods that you have had to refund them under Amazon’s Terms of Service.   The customer is defending your claim on the basis that Amazon’s terms of service permit them to keep the goods, which you deny.   You must proceed to the court hearing to argue your claim and the judge will decide the matter.

Expert:  Ed Turner replied 9 days ago.

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.

Kind regards

LawyerEd