Got this email from a client and I'm wondering if I should be worried?

JamesO

Thanks all for continuing to advise,

got an email back saying the least they'll accept is £250 or they'll take me to court and I'll have to pay the full £50 and those fees as well.

What's the chance - given I've offered to refund and to collect by the end of the week - they'll win with their claims?

I don't know what the costs would be, but there's nothing that I can think off that I haven't included and I resent the intimidation attempts if they are just taking the mick.

MORPH3US

I think you were too hasty to send the previous offer to the customer....

All the way through reading this I was thinking one thing.... that you should specify on the offer that it was a "one time offer only of full and final settlement and no further negotiation will be entered into"

poet123

Order placed and paid for upfront £1000+ in Dec 2008. You supplied only half 2/3 months late in June, after having to be chased to do that, as you forgot.:rolleyes:

The other half was not forthcoming and the first set were not able to be fitted without the rest, you then ran out of materials and so could not fulfil the order, but did not let the customer know, or respond to his emails, all the while having had his money.

What are his chances of claiming the full amount in court plus an additional amount for out of pocket expenses (legal advice, time, inconvenience, stress, and now having to source the gates elsewhere and possibly pay more)?

Quite good I would have said.

isplumm

JamesO wrote: »

Thanks all for continuing to advise,

got an email back saying the least they'll accept is £250 or they'll take me to court and I'll have to pay the full £50 and those fees as well.

What's the chance - given I've offered to refund and to collect by the end of the week - they'll win with their claims?

I don't know what the costs would be, but there's nothing that I can think off that I haven't included and I resent the intimidation attempts if they are just taking the mick.

So exactly what are they asking for ....

the amount of money paid originally + £250 - well I be tempted to settle & chalk it up as a lesson learned ....

If orginal money + 8% interest + £250 - well then I suggest you seek legal advice .... seems a bit much to me.

Mark

Tozer

poet123 wrote: »

We went to court regarding the incomplete installation of bedroom units. We were left for months with an unfinished room, and eventually the correct drawer fronts could not be sourced. We won our case and were awarded a sum for all the above, in addition to compensation for breach of contract.

Small claims judges often do award a bit for inconvenience, etc. However what the people in this case have claimed is laughable.

Tozer

JamesO wrote: »

Thanks all for continuing to advise,

got an email back saying the least they'll accept is £250 or they'll take me to court and I'll have to pay the full £50 and those fees as well.

What's the chance - given I've offered to refund and to collect by the end of the week - they'll win with their claims?

I don't know what the costs would be, but there's nothing that I can think off that I haven't included and I resent the intimidation attempts if they are just taking the mick.

OK, if you are minded to make an offer, then you need to put it in writing. As it would be small claims, there are NO cost implications.

However, you should make your offer in accordance with the spirit of Part 36 Civil Procedure Rules and tell them that they have 21 days within which to accept the offer after which time it can only be accepted with your agreement or by direction of the Court. Tell them that whilst there are no cost awards in small claims matters, you will bring to the attention of the District Judge the fact that an offer has been made and that such offer was made in the spirit of Part 36.

Bottom line is you need to demonstrate that you are seeking to avoid litigation.

They are claiming spurious amounts. As others have said, you have been delinquent in performing the contract but you are seeking to put things right. Dont let them take the p/ss out of you.

DVardysShadow

JamesO wrote: »

... got an email back saying the least they'll accept is £250 or they'll take me to court and I'll have to pay the full £50 and those fees as well.

What's the chance - given I've offered to refund and to collect by the end of the week - they'll win with their claims?

Another way of looking at the question - which will probably do you more favours, is to look at what a court might award against you and offer that. And do it in writing, recorded delivery keeping a copy. The point of this is that you can append this to your defence [if customer takes it to court] and say "look at what I have offered already". Court will then look at your offer and say the guy is wasting their time.

I don't know what the costs would be, but there's nothing that I can think off that I haven't included and I resent the intimidation attempts if they are just taking the mick.

Just rise above that aspect of it.

poet123

Whilst there maybe no costs awarded, out of pocket, and loss of income expenses (as deemed reasonable by the judge) can be added to a settlement figure. I think the figures may not be as laughable as you may believe. As you say it is vital that the OP seeks to show he is trying to avoid ligitation, but to that end, I think a settlement at te £250 stated would not be too far off the mark from what a court may award if it got that far. Maybe better to just settle and put it behind him.

vaio

I don’t suppose you fancy suggesting finishing them in a reasonable timescale that you absolutely can stick too?

neilmcl

Tozer wrote: »

OK, if you are minded to make an offer, then you need to put it in writing. As it would be small claims, there are NO cost implications.

What about the court fees, should the OP be unsuccesful surely he'd have to pay this cost?