I E Legal Solicitors formal demand letter advice
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Yeah been trying to find a Legal however difficult to find one this time of the year but should get one soon.
Anyway I just need clarification on the below matter:
Window company took back half the items that were not used in the house. There was a reply earlier in this thread mentioning those items are for my property only hence useless elsewhere. If that is the case then why did they take those items back with them instead of leaving them here at my property? I expect those items to be here at my property as they are claiming for the full £8000 alleged debt however half the items are not here.
Won't I be admitting to the liability if I make them a settlement offer?
So I cannot recover legal costs? If that is the case then it looks like I cannot afford a solicitor then and represent myself I guess.0 -
Perhaps you could ask for the goods if you lose the case and are ordered to pay the £8,000. It is a bit rich to complain about not having all of the goods if you haven't paid even part of their invoice.Window company took back half the items that were not used in the house. There was a reply earlier in this thread mentioning those items are for my property only hence useless elsewhere. If that is the case then why did they take those items back with them instead of leaving them here at my property? I expect those items to be here at my property as they are claiming for the full £8000 alleged debt however half the items are not here.
No, absolutely not.Won't I be admitting to the liability if I make them a settlement offer?
It is very common to make a settlement offer, while also stating that you are not admitting liability.
A settlement offer is not admissible as evidence against you. The courts are very keen to encourage people to settle cases where possible to reduce the pressure on the court system.
Correct. Costs are not usually awarded in small claims of less than £10k.So I cannot recover legal costs? If that is the case then it looks like I cannot afford a solicitor then and represent myself I guess.
They can be awarded if the other side is thought to have behaved unreasonably with regards to how they conducted the litigation, but this only applies in a small number of cases (for example to punish people who ignore court deadlines).0 -
steampowered wrote: »Perhaps you could ask for the goods if you lose the case and are ordered to pay the £8,000. It is a bit rich to complain about not having all of the goods if you haven't paid even part of their invoice.
No, absolutely not.
It is very common to make a settlement offer, while also stating that you are not admitting liability.
A settlement offer is not admissible as evidence against you. The courts are very keen to encourage people to settle cases where possible to reduce the pressure on the court system.
Correct. Costs are not usually awarded in small claims of less than £10k.
They can be awarded if the other side is thought to have behaved unreasonably with regards to how they conducted the litigation, but this only applies in a small number of cases (for example to punish people who ignore court deadlines).
Ok I have paid the £2000 deposit though.
Let's say for example if I lose the case however they cannot deliver the remaining goods then how does this work?0 -
Ok I have paid the £2000 deposit though.
Let's say for example if I lose the case however they cannot deliver the remaining goods then how does this work?
If they are successful in claiming the balance in court you would ask the judge to reduce their award by the value of the goods, I suppose. Or you would ask for the goods to be delivered to you on payment.0 -
Speak to a solicitor.
For Gods sake speak to a solicitor.
From the replies in this thread from helpful contributors we have already learned a lot without even approaching a solicitor.
I recall a earlier reply mentioning that a solicitor will just write a breach of contract letter which even I can do myself. Or you believe this is not a open and shut case as it is complex that requires a solicitor?
Also as the claim is under £10k I cannot recover the legal costs so unless you can advise me the money saving way of seeking legal services then it seems I have to take this on myself as I cannot afford legal costs. Legal costs that might end up more than the actual £8000 claim itself :eek: A risk I cannot take as I know solicitors out there like to rinse as much as they can.0 -
Indeed. You are the Defendant. Realistically, the Claimant is not going to write you a letter saying they will drop the whole thing.I recall a earlier reply mentioning that a solicitor will just write a breach of contract letter which even I can do myself.
The next steps are not in your control. It is entirely the Claimant's decision whether they want to issue a claim against you, or not.
If the Claimant decides to issue a claim, a solicitor could help you defend it. Until that point, the only thing a solicitor could really do would be to write a breach of contract letter.
It sounds like a straightforward case to me.Or you believe this is not a open and shut case as it is complex that requires a solicitor?
It seems that both sides are agreed on the fact that there was a contract under which the Claimant was to install windows/doors for a fee of £8,000.
The Claimant says you breached the contract by failing to pay.
The Defendant says he/she doesn't have to pay because the Claimant is in breach of contract.
The case would turn on whether you can provide sufficient evidence to prove that (1) the Claimant's work was in breach of contract, and (2) the costs of putting that right are big enough to justify the Defendant withholding the entire £8,000.
Obviously, IF the window company issued proceedings, it would be easier if a solicitor ran the case. But at the end of the day this is a small claim. If you are organised enough to prepare your own evidence (such as photographs showing the poor work etc.), and your English is good enough to write a clear witness statement clearly explaining what was wrong with the Claimant's work, then you are perfectly capable of running a small claim like this yourself.
Instructing a solicitor is no different to using any other business person, such as a plumber or a builder or an IT business.A risk I cannot take as I know solicitors out there like to rinse as much as they can.
You avoid nasty surprises by having an open conversation about fees with your solicitor before instructing them. Ask for a fixed fee or at least a fee estimate. If the solicitor won't commit to a fixed fee or at least an estimate, then see a different solicitor.0 -
Hi I just coming up to renewing my home insurance and see legal expenses cover add on.
Will I be covered legally for this if I buy this add on?0 -
Insurance is all about terms and conditions.
See what they say, speak to the insurer.
We would just be guessing.0 -
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