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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26843
Experience:  Senior Partner at Berkson Wallace
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I just need some advice on whether I can make a small claim

Customer Question

Hi I just need some advice on whether I can make a small claim against someone in reference to a contract? Can you help if I provide more details?
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by location.
Customer: Hampshire - fareham
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: like?
Submitted: 16 days ago.
Category: Law
Expert:  Stuart J replied 16 days ago.

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

Expert:  Stuart J replied 16 days ago.

Please tell me all the details to your question and if I can help I will advise you - thanks

Customer: replied 16 days ago.
Hi Stuart - I need to know if I can make a small claim against someone. I was at a livery yard with my horse and had a contract which required me to give a months notice before leaving but (long story short) i had a disagreement with the yard manager as I questioned her about the care of my horse and she reacted badly and left me with no alternative but to leave - I gave her a weeks notice in writing (on what’s app) and she agreed in writing that was for the best. However she is now trying to charge me for the extra 3 weeks rent (which she already has) and I want to know if I can make a claim to get that money back given that a) she agreed to a weeks notice and b) she had broken the terms of our contract which is why I was having to talk to her in the first place. Sorry that’s a short Version but contains key points. Thx for your help.
Expert:  Stuart J replied 16 days ago.

My personal view is I would tell her to get lost.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.

She wouldn’t be getting anything out of me without a fight that she wants to take it to court, let her and then you will have the opportunity of defending her action on the basis that she agreed one week notice to get rid of you.

Legally, a lot depends on the terms of the contract that you have with class if, for example, it says that this is the whole agreement, then you can’t vary it except by terminating the existing one and then doing a new one.

If it was done by deed then you could have a deed of variation varying it although a lot depends on the terms of the contract as I said earlier.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Expert:  Stuart J replied 16 days ago.

Can I help you any further with this?

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

I'm happy to clarify anything which is outstanding.

Please don't hesitate to ask.

Kind regards

Stuart