Bit of advice

[der1]

A customer had work done on their property by my ltd company last year (plumbing repair).

Agree on price for parts & labour work was carried out everything working.

Few weeks later they're back on saying said appliance wasn't working & they had to get someone else out to repair who said they could have fixed it previously without part etc etc

So customer then demands a refund and original receipt for part from our supplier

After lengthy discussions with trading standards they came to the conclusion that I wasn't obliged to Do either.


So fast forward a year said customer pops up with a simple procedure claim form stating they want to come after me personally as I am liable for the refund etc and not the ltd company

The guys acting a complete clown to be honest and would like to know where I stand from a court point of view

[Jockman]

Give it to your Insurer and walk away.

[daemon]

Jockman said:

Give it to your Insurer and walk away.

Who'll probably pay rather than the expense of going to court....?

Edited by daemon on Tuesday 2nd May 08:55

[Simpo Two]

I googled 'simple procedure claims form' and it's Scottish and you're in Scotland, which is important as the law is different from England & Wales.

Assuming that the law is close enough to English to be appropriate:

Where they went wrong was getting someone else out to repair the work and not your company. If Trading Standards have already seen the case then I'm not sure what a summons will achieve, still less a personal one.

Anyhow, if they sue and you don't defend you might lose, so (1) get your facts together and in the right order (2) dig out all records including from TS (3) pop in to your local CAB for an extra opinion (4) defend the claim with simple proveable facts. They probably don't have a leg to stand on but make sure.

[Jockman]

daemon said:

Jockman said:

Give it to your Insurer and walk away.

Who'll probably pay rather than the expense of going to court....?

Edited by daemon on Tuesday 2nd May 08:55

My experience of Insurers is that they would only do this if they didn't have a leg to stand on ie their client had messed up.

Sounds like OP has 2 strong legs to stand on with this one.

Currently Insurers are more inclined to kick it into the long grass and play the waiting game....

[KevinCamaroSS]

der1 said:

So fast forward a year said customer pops up with a simple procedure claim form stating they want to come after me personally as I am liable for the refund etc and not the ltd company

Assuming Scottish companies are similar to England & Wales, and I think they are, then this should not get to court. The limited company is a separate legal entity to you the person. You have no personal liability (except in cases of extreme negligence), that is the protection provided by the limited company.