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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 2893
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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Ed I get this email how should respond to this as clients

Customer Question

Hi Ed
I get this email how should respond to this as clients refuse to let us to carry out an inspection so you can satisfy my yourself if anything requires attention
Submitted: 11 days ago.
Category: Law
Expert:  Ed Turner replied 11 days ago.

Hi. This is Ed.    Thank you for requesting me.    To enable me to answer your query, please provide me with some further information.

Customer: replied 11 days ago.
Hi this is Client we done a job for him after four months they decide the roof has been done wrong and we asked to come back and inspect the roof and address whatever need to be addressed but they refused and decide to take us to court
Customer: replied 11 days ago.
Email
Customer: replied 11 days ago.
Expert:  Ed Turner replied 11 days ago.

As I advised previously, without an inspection the parties cannot quantify the claimant's losses and they have not proved their claim.   You must maintain your denial of liability and not enter into a litigation by correspondence with the claimants.

Customer: replied 11 days ago.
Could you please advise me how to do this just example email please
Customer: replied 11 days ago.
About what should I say and what should I do
Customer: replied 11 days ago.
Please
Expert:  Ed Turner replied 11 days ago.

I did provide you with a template denial email the last time we connected....?

Customer: replied 11 days ago.
I have and I did send to them by email
Customer: replied 11 days ago.
Should I sing and submit the same the email you sent me
Customer: replied 11 days ago.
Should I Sign-in to your existing money claims account:
Expert:  Ed Turner replied 11 days ago.

Has anyone issued proceedings against yet?

Customer: replied 11 days ago.
they have
Customer: replied 11 days ago.
I get this email
Customer: replied 11 days ago.
Expert:  Ed Turner replied 11 days ago.

In that case, you need to sign into the money claims online service and file an acknowledgement of service and a defence asap.

Customer: replied 11 days ago.
I get no idea how to take it from here
Expert:  Ed Turner replied 11 days ago.

You must deny the customer’s claim on the basis that you as supplier were in breach of contract and/or in breach of the sale and supply of goods and services legislation in that you failed to provide the goods and services contracted for and described at the point of sale.

In your case, you must state that you provided the goods and/or services for which the customer contract for at the point of sale and that they were of satisfactory quality and fit for purpose. Therefore, you fulfilled your side of the bargain and the customer has no grounds to seek a refund on the purchase price and damages for any losses that they alleged flowed from the breach.

The customer has issued contested Part 7 Court Proceedings in the Civil Courts claiming damages against you for breach of contract, plus interest and legal costs. The onus will be on the Claimant to enforce their legal rights against you. Aside from serving a pre-action reply to the letter of claim, you do not need to assist or encourage the claimant in asserting their legal rights against you. Whether or not they do issue court proceedings against you is up to them. I cannot advise you directly upon whether the Claimant will in fact take any court action against you as I do not know what is in their minds.

The amount claimed is within the Small Claims Track threshold of £10,000 damages. Legal advisers’ costs are generally not recoverable in the Small Claims Court: only Court fees for issuing the Claim and for the Final Hearing. Even if the claim proceeds to a fully contested Trial, the winning party is unlikely to be awarded their legal adviser’s costs of the Claim.

Aside from the direct expenses of paying out the claimant damages and your own legal fees, you must also consider the “opportunity cost” to you and your business in diverting time, energy, and resources to defending a relatively small damages claim, which could be better spent servicing your existing customers and expanding your business. Litigation is an inherently risky and stressful exercise, and you must consider whether an economic settlement would be a good outcome to dispose of the matter before it escalates. I suggest negotiating a settlement of the claim on mutually agreeable terms with the Claimant “without prejudice to liability”. A good starting point is to offer between 25% and 50% of the value of the claim with scope to settle up to 75% to avoid court proceedings. However, this is entirely up to you.

Customer: replied 11 days ago.
What do I need to file ?
Expert:  Ed Turner replied 11 days ago.

A defence.

Customer: replied 11 days ago.
Can take this for me please from here I don’t wanna miss up
Expert:  Ed Turner replied 11 days ago.

I do not recommend that you instruct a solicitor at cost to litigate this defence on your behalf at cost. A party cannot normally recover solicitors’ costs on the Small Claims Track even if they are successful at a fully contested final hearing. Therefore, the money that you will spend on your legal fees will soon outweigh the damages value of the claim making it uneconomic to instruct a solicitor: doubly-so as you are unlikely to recover those costs from the other party even if you win at trial. However, the Small Claims Track 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.

Customer: replied 11 days ago.
Ok thank you
Expert:  Ed Turner replied 11 days ago.

Thank you for the positive feedback. I am delighted that you are satisfied with my reply and wish you all the very best in resolving this matter.

If you require further legal advice from me, please create a new text thread on the portal and tag @EdTurner in the expert box. I will be notified of your request and prioritise it.

Kind regards

LawyerEd

Customer: replied 10 days ago.
Hiwhat if i had brands on my website But and I haven’t had any a permit ?
Customer: replied 10 days ago.
On my website only says brands
Can I get in trouble with this ?
Expert:  Ed Turner replied 10 days ago.

This is a new question from what your original question.   Please start a new thread and explain what your query is.