A genuine MMD!

ladymay

I’d really appreciate some advice...I've taken out as much personal information as possible but I hope it still makes sense.

Earlier this year, I moved back to the UK after a really nasty break up and winding down my business in Ireland. Fifteen months after being promised a refund for services paid for but not used (a series of stalls at industry events), I am still waiting. No contract was signed and there is no official refund policy, and my solicitor has informed me I’m fully entitled to my money back. Today I decided I had enough and asked the person involved to pay me by the end of the year or I would be forced to take them to Small Claims court. She has sent me an email back explaining her upset that I would repay her kindness (of promising the refund) with taking her to court, and that due to her family circumstances she doesn’t have a penny spare so if I want to take her to court, go ahead. Presumably she thinks I'm rolling in money...

I don’t want to put someone under financial pressure or potentially damage or ruin a small business – I have one myself and I know how hard it is – but I really need that money back. My work contract is finished in January and I have to set up again from scratch. I also have severe anxiety which becomes worse every time I think about this situation. I haven’t replied to the email yet, because I’m feeling a mixture of empathy and rage that I don’t quite know what to do with...

It's just over €500 that I'm owed, which is a significant amount for me and would help me so much.

I have no idea what to do at this point. Has anyone been in a similar position?

Owain_Moneysaver

ladymay wrote: »

due to her family circumstances she doesn’t have a penny spare so if I want to take her to court, go ahead.

She says.

If someone was threatening to sue me, that's what I'd say too, and hope they went away. :rotfl: [1]

She'll have plenty of opportunity to lodge a statement of her financial affairs with the court and agree a repayment schedule.

It's surprising how many people find the money when faced with (a) a court demand or (b) the bailiffs at the door about to take the car away.

Bear in mind you will have to sue in Ireland under Irish law.

[1] Not that I've ever owed anyone a penny in my life (well apart from credit cards and that sort of usual thing)

Owain_Moneysaver

Just to add

stalls paid for but not used

This would be a business-to-business contract, and are you sure that you don't have to pay for the stalls? If they were provided, you probably have to pay for them.

Aquamania

ladymay wrote: »

I’d really appreciate some advice...I've taken out as much personal information as possible but I hope it still makes sense.

Earlier this year, I moved back to the UK after a really nasty break up and winding down my business in Ireland. Fifteen months after being promised a refund for services paid for but not used (a series of stalls at industry events), I am still waiting. No contract was signed and there is no official refund policy, and my solicitor has informed me I’m fully entitled to my money back. Today I decided I had enough and asked the person involved to pay me by the end of the year or I would be forced to take them to Small Claims court. She has sent me an email back explaining her upset that I would repay her kindness (of promising the refund) with taking her to court, and that due to her family circumstances she doesn’t have a penny spare so if I want to take her to court, go ahead. Presumably she thinks I'm rolling in money...

I don’t want to put someone under financial pressure or potentially damage or ruin a small business – I have one myself and I know how hard it is – but I really need that money back. My work contract is finished in January and I have to set up again from scratch. I also have severe anxiety which becomes worse every time I think about this situation. I haven’t replied to the email yet, because I’m feeling a mixture of empathy and rage that I don’t quite know what to do with...

It's just over €500 that I'm owed, which is a significant amount for me and would help me so much.

I have no idea what to do at this point. Has anyone been in a similar position?

So you've already sought independent legal advice.
I would urge you to ask your solicitor what to do next.

ladymay

Thanks for the reply Owain.

I spoke briefly to my friend's son (a contract lawyer) on the matter earlier today, and he asked me what my contract said... I explained there's no refund policy at all on any of the paperwork, at which point he said I would be entitled to it back.

I know I have to file in Ireland, not a problem; it's more that I use MSE Forums daily so wanted to post here for some sensible viewpoints

ladymay

Aquamania wrote: »

So you've already sought independent legal advice.
I would urge you to ask your solicitor what to do next.

Thanks for replying Aquamania. I know what the next step is if I decide to take it, it's more whether I should and whether it's worth it? Financially that money would be very handy - my current work contract runs out in January and I have to take my small business earnings from 25% of my income to 100%. But I've never sued anyone before and my anxiety has skyrocketed today just thinking about it. I used to be friendly with the other party, she knows I have anxiety and part of me feels like she's just playing on my empathy and weaknesses to get out of paying.

Savvy_Sue

Quite often, when anyone is considering using the small claims court over here, we ask whether the other party is going to be able to pay the claim, because if not, there's no point doing it.

However, my thinking goes that if you were SURE she 'couldn't pay' rather than 'wouldn't pay', you wouldn't have asked for the money back in the first place.

So work out what you've got to lose, against what you might gain. You've already lost her as a friend, this has already caused you some anxiety, but what's it going to cost you financially, and is what you might gain worth that cost if you get nothing back?

bris

ladymay wrote: »

No contract was signed and there is no official refund policy, and my solicitor has informed me I’m fully entitled to my money back

You don't need signatures to form a contract, you don't even need the terms written down.


Your contract goes like this.
You: "I'd like to hire stalls at your event please"
Her: " Sure that will be 500 euro please"
You: "No problem here it is"


You now have a fully formed contract governed by contract law.


I'm confused as to the credentials of your solicitor, he is wrong.
You can't just demand a refund because you changed your mind.


Unless of course you can prove you were promised your money back then you are not entitled to it back, You can't just break a contract without penalty.

ladymay

bris wrote: »

You don't need signatures to form a contract, you don't even need the terms written down.


Your contract goes like this.
You: "I'd like to hire stalls at your event please"
Her: " Sure that will be 500 euro please"
You: "No problem here it is"


You now have a fully formed contract governed by contract law.


I'm confused as to the credentials of your solicitor, he is wrong.
You can't just demand a refund because you changed your mind.


Unless of course you can prove you were promised your money back then you are not entitled to it back, You can't just break a contract without penalty.

I have it in an email confirmation that she'll give me my money back. But thanks, I'm going to double check everything.

ladymay

Savvy_Sue wrote: »

Quite often, when anyone is considering using the small claims court over here, we ask whether the other party is going to be able to pay the claim, because if not, there's no point doing it.

However, my thinking goes that if you were SURE she 'couldn't pay' rather than 'wouldn't pay', you wouldn't have asked for the money back in the first place.

So work out what you've got to lose, against what you might gain. You've already lost her as a friend, this has already caused you some anxiety, but what's it going to cost you financially, and is what you might gain worth that cost if you get nothing back?

Thanks, this is what I couldn't quite process yesterday

martindow

ladymay wrote: »

I spoke briefly to my friend's son (a contract lawyer) on the matter earlier today, and he asked me what my contract said... I explained there's no refund policy at all on any of the paperwork, at which point he said I would be entitled to it back.

Was he aware that this is a b2b contract and it is in Ireland? The protection regarding unfair terms would not apply for a business and is he familiar with Irish law?