Dishonest client

goz83

It would be best to get a solicitor to deal with it and if I were you, I would be going after the legal costs too and special damages if possible. If your solicitor recognises a good case, he/she might press ahead with little or no upfront payment.

Pro Hoc Vice

corriefan wrote: »

Hi everyone, these people have ignored my last letter of legal proceedings. Can anyone advise on the next step to District Court proceedings?

I presume I can do up my own summons and then get it stamped? I want to postpone any unnecessary solicitor costs for now.

Thanks in advance for any help, to be honest I could really do with it at the moment.

The new District Court rules are a nightmare, the level of skill now required for even a simple District Court case is very high.

davmol

Hi Folks,sorry to hi jack the thread but what type of solicitor would deal with bad workmanship?

I was on the other end of a shoddy deal and was wondering if its a normal solicitor you woudl contact or is there a special property type of solicitor that woudl deal with legal issues related to a dwelling?

thanks

Pat Mustard

Any solicitor.

nuac

seagull wrote: »

If they haven't paid for the materials, they remain your property, and you are entitled to remove them.

Only if you can take the materials away without damaging the property

corriefan

Hi all, just thought I would post an update on this matter.

After toing and froing between solicitors the past few months, they are not backing down and we will now have to take them to court. That said, I have learned a lot this year about the legal process since I posted this thread and I don't find it as intimidating. I do however find the actions of these people and others that I know of infuriating.

They assume they can just issue empty legal threats based on their previous shafting of other people. We hope in this case to be the ones who make them get their comeuppance, very much as a matter of principle. They have offered no evidence or defence because they simply don't have any for a fact. The latest from their solicitor is that they are 'amused' by our claim which has just angered us so much that we are going to take this all the way. It seems to be very amusing to leave a sole trader financially broke and unemployed based on their say so.

mikom

corriefan wrote: »

Hi all, just thought I would post an update on this matter.

After toing and froing between solicitors the past few months, they are not backing down and we will now have to take them to court. That said, I have learned a lot this year about the legal process since I posted this thread and I don't find it as intimidating. I do however find the actions of these people and others that I know of infuriating.

They assume they can just issue empty legal threats based on their previous shafting of other people. We hope in this case to be the ones who make them get their comeuppance, very much as a matter of principle. They have offered no evidence or defence because they simply don't have any for a fact. The latest from their solicitor is that they are 'amused' by our claim which has just angered us so much that we are going to take this all the way. It seems to be very amusing to leave a sole trader financially broke and unemployed based on their say so.

Keep us updated.
This is an interesting one.

smcgiff

Unfortunately there are people out there that will point blank refuse to pay until forced. Good luck.

Re their being amused. Hopefully you'll get the last laugh.

Gooser14

Have u considered using the small claims court as a means of pursuing your claim for payment?

testicle

Gooser14 wrote: »

Have u considered using the small claims court as a means of pursuing your claim for payment?

Doesn't apply.

Pat Mustard

corriefan wrote: »

The latest from their solicitor is that they are 'amused' by our claim which has just angered us so much that we are going to take this all the way. It seems to be very amusing to leave a sole trader financially broke and unemployed based on their say so.

To suggest that they are somehow amused by your claim is not professional behaviour. Competent and experienced practitioners don't tend to write letters with such disrespectful content, in most cases. This is childish.

Get a good solicitor to act on your behalf and hopefully you will get a result.

mikom

The Mustard wrote: »

To suggest that they are somehow amused by your claim is not professional behaviour. Competent and experienced practitioners don't tend to write letters with such disrespectful content, in most cases. This is childish.

They are probably writing it themselves and mocking up the solicitors letterhead if they are that much of bums.

Pat Mustard

mikom wrote: »

They are probably writing it themselves and mocking up the solicitors letterhead if they are that much of bums.

I wouldn't think so, as they'd probably have the guards around to them fairly quickly if they did. It seems that the letter has an unprofessional, mocking tone to it but there are @ssholes in every job, I suppose.

Mongfinder General

mikom wrote: »

They are probably writing it themselves and mocking up the solicitors letterhead if they are that much of bums.

Impersonating a solicitor is quite a serious offence...worth checking out.

nuac

seagull wrote: »

If they haven't paid for the materials, they remain your property, and you are entitled to remove them.

Reservation of title can be difficult to implement.

For a start, can you remove the material without damaging the remainder of the property?.

Let your solicitor deal with it

nuac

Subject to your solicitor's advice I suggest you arrange for an engineeer or quantity surveyor to inspect and photograph what you have done so that

1. You can issue proceedings for the amount due

2. Forestall any claim that the house owner had to get someone else to remove and redo some of the work, alleging your work was faulty.

Your solicitor should request agreement within seven days for this inspection. If it is refused you can issue a CC Civil Bill with what information you have available adding that further details will be forwarded following inspection.

If inspection is refused you can seek a court order obliging the house owner to allow. That application would be in open court, and might induce a settlement.

Move it on rapidly as correspondence is getting nowwhere. Some of those people are expert at muddying the water.

corriefan

Hi all, thanks for all the replies and advice. I spoke to our solicitor just before Christmas and he advised proceeding straight away to issuing a summons. He agreed that we are getting nowhere with letters and is not going to issue any more. We are happy with that, I saw them today at a local funeral and whatever about her, he is a cold, expressionless man who I believe is pulling the strings. I believe he could get very nasty, and is not used to being stood up to. I just hope the judge will see it that way.

robman60

corriefan wrote: »

Hi all, thanks for all the replies and advice. I spoke to our solicitor just before Christmas and he advised proceeding straight away to issuing a summons. He agreed that we are getting nowhere with letters and is not going to issue any more. We are happy with that, I saw them today at a local funeral and whatever about her, he is a cold, expressionless man who I believe is pulling the strings. I believe he could get very nasty, and is not used to being stood up to. I just hope the judge will see it that way.

Good job for standing up to his arrogance. Keep us posted.

nuac

Good luck with this Corriefan

stresshead101

Hey Corriefan

I found this tread very interesting, and i'm not even surprised at their behavour.. It's crazy to think that some people are just blatant in their refusal to be decent human beings. It's not irrational or amusing to expect payment for a service provided.
Do you have an update? Did things work out in your favour?

brian_t

corriefan hasn't been active on boards since August 2015.

stresshead101

brian_t wrote: »

corriefan hasn't been active on boards since August 2015.

Sorry yes I did see that afterwards. Oops.

I am not very proficient in Boards yet.

CramCycle

Its a pity as Id love to see how it played out