Legal Advice

[JCKST1]

Hi,


Looking for a bit of legal advice regarding a customer who is putting a complaint in against my company.
I have tried tradings standards who did offer me some advice but were more consumer orientated, just wondering if any one on here could help via a private message or point me in the right direction.

I am willing to pay for the right advice.


Thanks

[Simpo Two]

Who's in the right or is it messier than that? How much £ is at stake?

[JCKST1]

I honestly think I am in the right and have offered which I feel is a very fair resolution to the problem.

Not a great deal, just about 4 figures... Don't want to give too much away publically!

[akirk]

you might need to give a few more clues...
what do you mean by complaint? a tweet on twitter? a post on facebook? reported you to your professional body? complaint to an ombudsman? suing you in the small claims court?
all might require different resolutions

[JCKST1]

Formal complaint so far, on the edge of legal advice/reporting.

I basically need to explain the situation to someone and see where I stand legally so I can get this wrapped up and finished with the easiest/quickest solution.

[Simpo Two]

Shove it on here, with names removed. Otherwise we don't know if we can help.

[JCKST1]

Normally I would but as it's quite a unique case I am worried that if the client is a member on here (genuine possibility) he will recognise it.

Apologies for being vague with this, I was hoping someone on here was in the know and wanted a bit of extra work.

[Flooble]

I have to say that my gut feeling would be that if your four figures is at the £1000 end then you might find it cheaper to just flick them a refund. Add up management time, lost sales while you are dealing with the case, the fees of the solicitor?

[JCKST1]

That was my plan, I can re-sell the product and probably only lost about £600 which isn't the end of the world.
However this appears not to be enough for the client who still wants to press on legally but I am uncertain on where I stand and to be honest my solution is very generous giving the nature of the product. In fact I think legally I don't have to give them a full refund but to get this off my back I am offering this. I feel like I can't win with them!

If anyone would be interested in hearing the case PM me, it would be good to hear an outsiders point of view.

[Flooble]

Well, that customer sounds unreasonable.

Perhaps suggest mediation to explore what else they want?

http://civilmediation.justice.gov.uk/

"Amount you are claiming Fees per party Length of session
£5000 or less* £50 + VAT 1 hour
£100+ VAT 2 hours


That will flush out if they are serious or not - and if they reject your offer of mediation but proceed to court anyway it will do them no favours with the "judge".

[dfen5]

How does the complaint stack up against your terms and conditions? I'd pass it to your solicitor and let them get on with it. Sounds like it will go legal so if you get involved offering anything you could bugger things up 'without prejudice'.

[essayer]

Is it something like 'I bought X for £x because it would make me £y, but X is wrong/faulty so you owe me £x + £y' ?

[Simpo Two]

JCKST1 said:

However this appears not to be enough for the client who still wants to press on legally.

'Lodging a complaint' doesn't seem the same 'press on legally' to me. One is a bhy letter, one is Summons. If the complaint is a threat such as 'If you don't give me X I'll sue you', and can prove you're in the right, let them sue. It may well be just sabre-rattling.

Edited by Simpo Two on Sunday 19th June 10:33

[JCKST1]

I did mention a refund, I didnt mention a full refund as of yet (wrote the email last night but its currently sat in drafts!). In fact the product they have is partially broken and needs repair which will cost so I dont really think I should have to offer a full refund but I am willing to make a more than reasonable offer.

I will try calling citizens advice again tomorrow morn if not do you think its worth going to one of these nation wide lawyers and asking advice (slater + gordon?)

[akirk]

All far too vague
there is no generic approach to legal issues - approach & solution will always be specific to the issues at hand...
if you can't post on here, then you need to go and see a lawyer...

[JCKST1]

Thanks for the input.


The main reason for the post was really for some recommendations or pointers on where to go/ask.
I was hoping a member maybe able to help for a fee

[anonymous-user]

The claim could be a gateway to losing thousands on a fight you could avoid by refunding.

Equally, it could be a load of utter bks and needs swatting.

Go get advice from a pro!

[CubanPete]

He's offered a refund.

[JCKST1]

I will have a call around tomorrow AM and see where I stand.

I think they are taking the angle that it was 'mis-sold' and even though it is now damaged they expect a full refund.

[WinstonWolf]

Are you a member of the FSB? They have a legal advice service.