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RJM Law, Lawyer
Category: Law
Satisfied Customers: 3755
Experience:  LL.B (Hons)
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I have a client in the US that has breached her contract

Customer Question

I have a client in the US that has breached her contract with me I want some advice on how to proceed
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I’m on the UK I’ve not spoken to a lawyer yet
JA: What steps have you taken so far?
Customer: we attempted to come to a resolution but she demanded a refund which she went to her bank for. We disputed her claim due to our no refund clause in our contract, we offered her a part refund but she wants all the money back
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: 6 days ago.
Category: Law
Expert:  james bruce replied 6 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

What was the payment for, why do they want a refund?

Customer: replied 6 days ago.
Would it help for me to give you the entire overview of what happened?
Customer: replied 6 days ago.
My team was to consult, strategies and build her a marketing quiz funnel. This new marketing automated sales funnel was intended to support her business in capturing new leads into her business, nurturing them via emails and selling her digital products. We agreed to offer her a strategy call followed up with the entire build of the quiz funnel from the research to the building of the entire marketing infrastructure.Prior to the first VIP date the client needed to provide us with access to her accounts prior to the date, we reached out several times via email and stated that we would not be able to go ahead with the first date if we did not receive accessDue to the lack of access from the client, we cancelled the VIP and as a gesture of goodwill, rescheduled on the next available date without an extra charge. This email was sent to the client with over 48hours notice.The client then responded asking for a refund.
Customer: replied 6 days ago.
On our contract we do not offer refunds, this is mentioned twice on the contract and the client has to not only sign the contract to accept but also initial her names against it. The is a clause to cancel if done so 14days before work commences which wasn't exercised either.She did not want to resolve the issue and instead went to her bank and asked for a full refund.By this point we had already had a 90minute strategy call, and my team had already started on the project spending up to 10hours on the project.As a gesture of goodwill we exercised the cancellation policy, which states that deposit is non refundable and then we took into account the hours already spent on the project and deducated that from the remaining balance and issued the refund.The client still asked her bank for the entire refund, which we then counter disputed and provided the same proof I've mentioned above including screenshots of emails and a copy of the contract.We won the dispute
Customer: replied 6 days ago.
The client has now returned, unhappy about her bank decisions. She is asking for the work already created and for a breakdown of the money kept.We explained that due to her being in breach her contract terms is no longer applicable but as a gesture of goodwill we could use the work already started and finish part of the project initially agreed, was that a bad move to make?She has responded but not accepted our help and instead demanding to have access to the work already started, insinuating that this was the reason we won the dispute and that the project should have been completed.
Customer: replied 6 days ago.
Sorry that is a lot! but I believe this is everything
Expert:  james bruce replied 6 days ago.

Sorry I don’t think I can assist with this, I will opt out for another to help you.

Expert:  RJM Law replied 6 days ago.

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Customer: replied 6 days ago.
ok, so should i wait for a response?
Expert:  RJM Law replied 6 days ago.

Thank you for the question.  I think you have dealt with this very fairly as you could have sought the money lost in the contract, if the contract has been breached and terminated, you have no further responsibly she seems to have what she has paid for therefore you do not appear to have any responsibility to provide her with anything further.   If she wanted to attempt to enforce this in reality she would have to bring a court claim and win.   If you receive any intimation, you can instruct a solicitor but until that point  I believe you have acted correctly.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland) (N. Ireland)

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.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 6 days ago.
Hi there, thank you for your response. You mentioned that I have no further responsibility as she seems to have what she has paid for.She cancelled before we gave her the assets, do you suggest that we give her the assets created?
Expert:  RJM Law replied 6 days ago.

You have given the work which was done, you do not require to complete the work.

Customer: replied 6 days ago.
I have not given the work yet, ok so I will provide her with the work we have done.However I already offered to complete part of the project, but she didn’t accept and inside wants to know what work have we already completed.Is it too late to withdraw the offer of completing the project and just offering her the work already done instead?
Customer: replied 5 days ago.
I would really appreciate your view on this please
Expert:  RJM Law replied 4 days ago.

If she has not accepted the offer you can withdraw it yes, if you provide her with what she has paid for then she doesn't really have a claim and cannot make you complete it.