Am I going to be sued ?
- Thread starter mkb
- Start date
Sponsored Links
Judge would laff himself off the chair if you told him you had removed yourself from the obligation of having to turn up at court because you had stuck a poxy notice at your front gate.
Sponsored Links
NOT WORTH THE PAPER THEY'RE WRITTEN ON
Rubbish :
There are two basic rules to the formation of a legal contract; offer and acceptance. One party makes an offer or agreement to provide a service and the other party accepts the offer. By setting out the terms and conditions of offer and acceptance a legally binding contract has been made. If the contract is broken, or breached, then the law can used to enforce the contract
Had the tradesman had his T&C's in place he would have protected himself and more importantly any court would have a legally binding contract made between client and trade to refer to.
My terms and conditions state:
In the event of breakage or damage to the property, X (me) will notify the client immediately and set out steps to remedy the situation. Similarly, if at the end of the job the client is dissatisfied with any aspect of the service, they must inform us as soon as possible. Clients must allow X to effect a remedy using our own tradespersons or tradespersons nominated by us and under no circumstances will we be held liable for the costs of reparations by third parties that we have not expressly agreed to in writing. The client must notify X in writing within 24 hours of an alleged breakage or damage caused by us.
I also state :-
The acceptance of the quote, electronically or by any other means signifies a full acceptance and commitment to accept these terms and conditions.
Please check your quotation carefully.
Would have saved this bloke a whole heap of trouble.
In fact i would never accept a quote from any trade without T's & C's
Rubbish :
There are two basic rules to the formation of a legal contract; offer and acceptance. One party makes an offer or agreement to provide a service and the other party accepts the offer. By setting out the terms and conditions of offer and acceptance a legally binding contract has been made. If the contract is broken, or breached, then the law can used to enforce the contract
Had the tradesman had his T&C's in place he would have protected himself and more importantly any court would have a legally binding contract made between client and trade to refer to.
My terms and conditions state:
In the event of breakage or damage to the property, X (me) will notify the client immediately and set out steps to remedy the situation. Similarly, if at the end of the job the client is dissatisfied with any aspect of the service, they must inform us as soon as possible. Clients must allow X to effect a remedy using our own tradespersons or tradespersons nominated by us and under no circumstances will we be held liable for the costs of reparations by third parties that we have not expressly agreed to in writing. The client must notify X in writing within 24 hours of an alleged breakage or damage caused by us.
I also state :-
The acceptance of the quote, electronically or by any other means signifies a full acceptance and commitment to accept these terms and conditions.
Please check your quotation carefully.
Would have saved this bloke a whole heap of trouble.
In fact i would never accept a quote from any trade without T's & C's
dcdec, you need to acquaint yourself with the wonderful goods and services acts and then unfair terms and conditions.
Oh, don't forget if your a tradesman you're in the wrong unless you can prove otherwise.
Oh, don't forget if your a tradesman you're in the wrong unless you can prove otherwise.
Well that just shows what an ignorant little sh*t you actually are then...
peterperfection...your last comment...100% correct
Norcon.....I had to face things eventually things eventually and you would have to...unless you've got a mass of experience in these matters but I'm just an ordinary guy doing a job to feed the family and pay the bills and the worst I've had in the past was a speeding ticket.
Jeds....the figure they came up with of £2800 consisted of someone else re-doing the job for double what I was charging (I know what they did...looked at the state of the place and doubled the price and if they got the job all well and good ) The paper which was £400 interest at 8% from when she first asked for money to when it was settled. The fees were..£100 here and £45 here and £70 here for court applications and fees as applications had to be made as I didn't pay up straight away. I think her solicitors application for court forms was £80. Application to Northampton court, (which is where I believe cases start and are then transferred to your local court ) then the local Money Claims Centre fees..£60 or £70.
Norcon.....I had to face things eventually things eventually and you would have to...unless you've got a mass of experience in these matters but I'm just an ordinary guy doing a job to feed the family and pay the bills and the worst I've had in the past was a speeding ticket.
Jeds....the figure they came up with of £2800 consisted of someone else re-doing the job for double what I was charging (I know what they did...looked at the state of the place and doubled the price and if they got the job all well and good ) The paper which was £400 interest at 8% from when she first asked for money to when it was settled. The fees were..£100 here and £45 here and £70 here for court applications and fees as applications had to be made as I didn't pay up straight away. I think her solicitors application for court forms was £80. Application to Northampton court, (which is where I believe cases start and are then transferred to your local court ) then the local Money Claims Centre fees..£60 or £70.
I have to say-- ALL of my comments are correct.
Absolutely NO grey area with me at all.
Regarding small claims court - It is a subject that has consumed me for the last year (almost).. I now consider myself a expert on the subject.
I know what to do- and when to do it. I also understand all the 'wriggles' that debtors employ to wriggle out of paying.
I also know what a person can do to chase a debt and inflict harm on a business person who just wont concede (or-pay up).. NO solicitors required either.
Small claims court is a joke . You can win your case (as a Claimant) but- it does not mean the debtor will pay up.Especially if he'she does not have assets . However- if the debtor DOES have assets - there are several ways to 'skin a cat'.
Like I keep saying - 'you have to have been there' to know what to do .
Second time around will be easy .
If anyone needs advice on the ACTUAL PROCEEDURE''-- JUST ASK and i will tell you .
I think what we have to realise is that- some people such as a person/tradesman sometimes comes across a 'punter' who is a complete twot.
Most tradesmen have no experience of handling these prof moaners and do not know how to deal with them at all.
But- I'd bet the OP would know better next time- if it ever happens .
Hard to say who is right and who is wrong --without getting both sides of the story- and most importantly The Truth- completewith pics, vids and expert opinions --so we can all see.
BUT-- the matter is now closed --and I think it's best it stays closed .
Both parties should learn from the experience .
Small claims courts are a waste of time .
Most tradesmen have no experience of handling these prof moaners and do not know how to deal with them at all.
But- I'd bet the OP would know better next time- if it ever happens .
Hard to say who is right and who is wrong --without getting both sides of the story- and most importantly The Truth- completewith pics, vids and expert opinions --so we can all see.
BUT-- the matter is now closed --and I think it's best it stays closed .
Both parties should learn from the experience .
Small claims courts are a waste of time .
Norcon...in a word Yes ...
Appreciate your comments by the way and for your advice.
My wife and I sat down after a couple of chats I had with mediation...drove ourselves batty asking ourselves..do we let her get away with this ? Do we go to court ? Do we do this / that .
Anyway we decided the worst case scenario would be the judge believed her 100% and I'd end up paying £2800 and a CCJ.
Best case scenario judge believed me 100% and she gets zilch...from researching this the chances were outcome would be somewhere in between. So we decided to pay the money agreed and put an end to it all...our decision. To be perfectly honest I feel a little disappointed in myself that I didn't go the whole hog as she was a chancer, or an expert in such matters, but have just GOT to stop thinking and beating myself up about it.
Appreciate your comments by the way and for your advice.
My wife and I sat down after a couple of chats I had with mediation...drove ourselves batty asking ourselves..do we let her get away with this ? Do we go to court ? Do we do this / that .
Anyway we decided the worst case scenario would be the judge believed her 100% and I'd end up paying £2800 and a CCJ.
Best case scenario judge believed me 100% and she gets zilch...from researching this the chances were outcome would be somewhere in between. So we decided to pay the money agreed and put an end to it all...our decision. To be perfectly honest I feel a little disappointed in myself that I didn't go the whole hog as she was a chancer, or an expert in such matters, but have just GOT to stop thinking and beating myself up about it.
The Court Proceedings were to determine as to whether the cost of the original work justified the standard of the price stated at the time and that would have been what should have been reimbursed (Plus Legal Costs)
I do not believe the Court would have accepted that the work would cost Double the original price, that would mean the claimant is making a profit out of legal proceedings.
Something is not quite right IMO
I do not believe the Court would have accepted that the work would cost Double the original price, that would mean the claimant is making a profit out of legal proceedings.
Something is not quite right IMO
Sponsored Links
