I E Legal Solicitors formal demand letter advice

bery_451

steampowered wrote: »

Extremely unlikely. Insurers won't cover pre-existing disputes.

Ok just to clarify that the insurance wont cover disputes started before the policy start date?

The legal court system has not started yet so still possible to be covered?

DaftyDuck

Extremely unlikely to cover you...

steampowered

bery_451 wrote: »

Ok just to clarify that the insurance wont cover disputes started before the policy start date?

The legal court system has not started yet so still possible to be covered?

You would have to read the precise policy terms, but I am pretty certain that the insurance won't cover you for something like this which is already an active dispute.

Although court proceedings haven't been started this is still a pre-existing dispute as you have received a formal letter before action.

Otherwise, everyone would just buy insurance immediately before issuing court proceedings. It would be a bit like buying fire insurance when your house is already on fire.

Don't feel that you need to involve a solicitor to deal with a straightforward small claim like this. You can get all the help needed to deal with small court proceedings - if they are issued - in this thread (send me a message if you need me to check the thread and post).

bery_451

Hi coming back to this thread with another query and that is the cost involved for me to put right their breach of contract.

As mentioned earlier I employed another company to complete their half done job that the 1st window company has left behind. Can I counter claim what it costs me to complete the job or is it only that I can counter claim what it cost me to rectify or replace the 1st window company unsatisfactory windows install?

GrumpyDil

The company agreed to fit your windows for 10000.

Let's assume that it cost you 4000 to get the new company to complete the work. On that basis you would owe the original company 6000 in total.

Your counter claim is for the the cost of correcting any faulty work and completing the contract.

firefox1956

bery_451.........
You are just tying yourself & everybody else on here in knots !!!
Go & get yourself a solicitor NOW...............

Lavendyr

As others have said, you need a solicitor. No one on here can possibly advise you appropriately as this is a complicated matter. If money is a concern, try a no-win, no-fee solicitor. I can't say they'll be the best as I've never used one, but at least you wouldn't be out of pocket if you lose. But you do need proper legal advice.

bery_451

Lavendyr wrote: »

As others have said, you need a solicitor. No one on here can possibly advise you appropriately as this is a complicated matter. If money is a concern, try a no-win, no-fee solicitor. I can't say they'll be the best as I've never used one, but at least you wouldn't be out of pocket if you lose. But you do need proper legal advice.

Where can I find such a solicitor. I thought it was for injury only claims correct?

steampowered

bery_451 wrote: »

Hi coming back to this thread with another query and that is the cost involved for me to put right their breach of contract.

As mentioned earlier I employed another company to complete their half done job that the 1st window company has left behind. Can I counter claim what it costs me to complete the job or is it only that I can counter claim what it cost me to rectify or replace the 1st window company unsatisfactory windows install?

You can indeed counterclaim what it cost to complete the job.

You would need to offset that against the price agreed with the 1st window company.

You won't get to refuse all payment to the 1st window company AND receive 100% of the cost of the 2nd company, as that would be double counting the 1st window company's liability.

bery_451 wrote: »

Where can I find such a solicitor. I thought it was for injury only claims correct?

No-win-no-fee arrangements are usually only for claimants on the basis that the costs are recoverable from the other side if you win. You won't be able to find a no-win-no-fee solicitor working on this model as the Defendant.

You could investigate seeing the CAB or any legal clinics in your area.

unholyangel

steampowered wrote: »

No-win-no-fee arrangements are usually only for claimants on the basis that the costs are recoverable from the other side if you win. You won't be able to find a no-win-no-fee solicitor working on this model as the Defendant.

You could investigate seeing the CAB or any legal clinics in your area.

They changed all that in april 2013. Now, if you use a NWNF you can no longer recover your costs from the other side, they must be paid from any amount you are awarded (although are capped at 25%).

They changed it because they said it wasn't fair that the claimant assumed no risk win or lose and because parties are less inclined to keep costs down when the other party is paying. Which is also why they changed the rules on which costs are recoverable. Previously if costs were reasonable and necessary, you could recover them if you won. Now, they must be reasonable, necessary and proportionate to the sum in issue.