Taking legal action with a company
Discussion
Hi guys
I'm having problems with a large company who I believe haven't provided a fair service to me. I have written to them many times but the issue has not been resolved. I would like to take legal action but have never done this before.
Please could someone outline the best way to approach this and the type of solicitor I will need to use? What costs am I looking at for each step from a solicitor?
Many thanks in advance
I'm having problems with a large company who I believe haven't provided a fair service to me. I have written to them many times but the issue has not been resolved. I would like to take legal action but have never done this before.
Please could someone outline the best way to approach this and the type of solicitor I will need to use? What costs am I looking at for each step from a solicitor?
Many thanks in advance
Do you have a clear claim such a breach of contract, or damages? If so you could just make a claim against them. If it's just a matter of over-priced/services not up to the expected quality I think the court route is less clear cut and you might be better off talking to the appropriate professional body or maybe trading standards.
adequate or acceptable according to whom? Does the contract you have with them stipulate the manner in which the service will be provided?
Not trying to be pedantic here. Post up more details and then we can give better advice.
For £1200 you'd likely be looking at small claims court action, you wouldn't be able to claim your legal costs back. Bank on around £2k-£3k absolute minimum to get you to court if you're paying someone half decent.
Not trying to be pedantic here. Post up more details and then we can give better advice.
For £1200 you'd likely be looking at small claims court action, you wouldn't be able to claim your legal costs back. Bank on around £2k-£3k absolute minimum to get you to court if you're paying someone half decent.
Thanks everyone.
I don't want to post up more details because I think I'm right and I'm going to be stubborn!
TBH its more a case of doing it to prove a point because I'm soo pi**ed off, although of course don't want to spend thousands proving a point.
I will look into Litigant in person...
I don't want to post up more details because I think I'm right and I'm going to be stubborn!
TBH its more a case of doing it to prove a point because I'm soo pi**ed off, although of course don't want to spend thousands proving a point.
I will look into Litigant in person...
It all depends on whether something is clear-cut or not.
If, for example, you have an invoice on 30 days term that is 60 days overdue then you have a clear-cut case.
Again, if you order something from a company and they never send it and won't refund, then again it is clear cut.
If you subscribed to a subscription service that stated that you would be sent a monthly magazine and you only get one every couple of months or so, it is clear cut.
If you order a widget that is advertised as being 3 foot tall and when it arrives it is 5 inches tall, it is clear cut.
However, if you order a widget that is advertised as being "really good" and you think it is actually a bit crap, then that's not clear cut. That's subjective.
You go back to the company and say "this widget is crap" and they say "no it's not, it's better than our nearest competitor's widgets". Suddenly things are not clear cut. They can argue that their widgets are "really good" because they are better than their competitor's product. You argue that they're not "really good" because they don't come up to your expectations. This is where is gets expensive.
That's what Piglet is getting at. If they have breached their contract (eg. promised you one thing but delievered another) then you have a case.
However, if they have promised something and fulfiled their promise, but you're not happy with it, then you don't have a strong case.
>> Edited by JonRB on Thursday 9th March 15:48
If, for example, you have an invoice on 30 days term that is 60 days overdue then you have a clear-cut case.
Again, if you order something from a company and they never send it and won't refund, then again it is clear cut.
If you subscribed to a subscription service that stated that you would be sent a monthly magazine and you only get one every couple of months or so, it is clear cut.
If you order a widget that is advertised as being 3 foot tall and when it arrives it is 5 inches tall, it is clear cut.
However, if you order a widget that is advertised as being "really good" and you think it is actually a bit crap, then that's not clear cut. That's subjective.
You go back to the company and say "this widget is crap" and they say "no it's not, it's better than our nearest competitor's widgets". Suddenly things are not clear cut. They can argue that their widgets are "really good" because they are better than their competitor's product. You argue that they're not "really good" because they don't come up to your expectations. This is where is gets expensive.
That's what Piglet is getting at. If they have breached their contract (eg. promised you one thing but delievered another) then you have a case.
However, if they have promised something and fulfiled their promise, but you're not happy with it, then you don't have a strong case.
>> Edited by JonRB on Thursday 9th March 15:48
I think you need to show a demonstrable tangible loss, and then show that they are liable for your loss either because of a contract or through negligence (tort). As others have said, if your claim is based on being unhappy with the level of service that's a different matter and one that is much harder to prove. Unless you can prove that you have suffered a tangible loss as a result I think you're wasting your time.
Thanks everyone!
My claim is down to their negligence (in my opinion) and the loss is £1200. Unfortunately it's my word against there's. However they have quoted something contentious in one of their letters which was catagorically not said. This has wound me up even more.
I feel I have a claim so I want to pursue it, however not if it costs me more than £1200!
My claim is down to their negligence (in my opinion) and the loss is £1200. Unfortunately it's my word against there's. However they have quoted something contentious in one of their letters which was catagorically not said. This has wound me up even more.
I feel I have a claim so I want to pursue it, however not if it costs me more than £1200!
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