And if the OP decides to be represented by a lawyer, those charges will be added to the claim, and may be more than the original invoice- note: the OP cannot charge for his own time. In that respect, if the OP has a mate that is a solicitor, a letter from the said solicitor might convince the customer to pay up- that said, if she genuinely believes that the OP provided a substandard service, she may pay for her own solicitor/lawyer.
Nightmare customer won’t pay
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Not sure that street view will help given that you cannot verify when the Google/etc car drove past.
Street view gives dates and historical images of its drive bys, on my street, it's been past 4 times in the last 14 years, but the busy road at the end of my street has been imaged 11 times in 14 years.
That's why I said the images may be useful, if they are 'representative'.
And it may be better than nothing, for giving a general impression of the upkeep of the house, and what the OPs starting point may have been.
I didn't know that it has time stamps. thanks.
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It’s a small claim so won’t actually go to court, it’ll be dealt with over phone by a v mediator
Didn't know that. When did that start?
Her latest response has been she will pass the small claims paperwork onto her solicitor and will counter sue for solicitors fees, written second opinion, earnings and time. I’ll see her and her solicitor in court I guess. Although I’m pretty sure you can’t sue for solicitors fees in small claims…?
Not sure but definitely about 4 years ago as i had to take a rich non payer to MCOL
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Of course she's taking the pee.
If she was genuinely upset at your work, why would she want you to continue it?
I just couldn't stay and finish after that, I think you've done well.
I had a customer agree to a written estimate for changing a ceiling light fitting for £30.
Come in, set up dust sheet, ladders and start taking down the light fitting.
Then she comes in and says my mate down the road says he can change 2 light fittings for £30.
After she had left the room, I put everything back as it was.
As I was leaving, I told her to get her mate to do it for her.
Her face was a picture!
If she was genuinely upset at your work, why would she want you to continue it?
I just couldn't stay and finish after that, I think you've done well.
I had a customer agree to a written estimate for changing a ceiling light fitting for £30.
Come in, set up dust sheet, ladders and start taking down the light fitting.
Then she comes in and says my mate down the road says he can change 2 light fittings for £30.
After she had left the room, I put everything back as it was.
As I was leaving, I told her to get her mate to do it for her.
Her face was a picture!
That’s about as likely as her producing 'Ivans' report.
Yeah this customer told me her last painter did everything I was doing including the windows & materials for £300 cheaper than I was charging. Should’ve known at that point she’d refuse to pay. Unfortunately he’s ‘retired’ so couldn’t do the job. More like he ran a mile.
They always say that!
From the money savings website
If you win your case, you'll get the court fees back as well as the claim, and you can ask for certain expenses.
https://www.moneysavingexpert.com/r... I claim expenses if,unlikely to get it back.
If you win, you can't charge fees for any legal advice to the defendant. So if you pay for legal advice, you're unlikely to get it back. This is why most claimants deal with a small claim without the help of a solicitor.
You may want to get confirmation though. I am not a lawyer. I don't see how she can countersue in this case though, unless she is suggesting that she is going to lodge a separate case against you with the small claims court. If she loses the initial case, I would expect her to lose the follow up case. If she is claiming to have paid Ivan for a report, you are entitled to ask for evidence of the payment, and what qualifies him as an "expert". I believe that you will additionally be allowed to ask for a copy of the report (presumably for free).
Years ago my other half took a local supplier to the small claims after they failed to refund her for returned items. I was there as a witness, she was allowed to claim about £75(?) for my time, but not for her own time. The supplier didn't turn up so the judge automatically awarded her the ruling.
Might be worthwhile asking https://www.citizensadvice.org.uk for a list of local lawyers that will give you a free 30 minute consultation.
Neither of you can claim professional fee’s as part of the claim in fhe small claim track (In a minority of the parking ticket claims Defendants have been able to claim £18/hr for their time, but usually when the parking company have been ‘unreasonable’). The process is so simple that Solicitors aren’t necessary.
Mediation is always advised as the first part of the process.
She could counter sue if she has paid someone to finish the work - except she has refused to give you an oppurtunity to rectify the snags, and you’ve already offered a discount, so that is unlikely to go anywhere (that said I’d be claiming for the full amount of the original quote - let the judge decide whether to knock £150 or £200 off)
It will be automatically assigned to your local court, but as the Defendant I think she can ask for it to be transferred to a different court.
Be aware that getting a positive judgement is easier than getting your money after the judgement. Professional bad customers know all the tricks.
Mediation is always advised as the first part of the process.
She could counter sue if she has paid someone to finish the work - except she has refused to give you an oppurtunity to rectify the snags, and you’ve already offered a discount, so that is unlikely to go anywhere (that said I’d be claiming for the full amount of the original quote - let the judge decide whether to knock £150 or £200 off)
It will be automatically assigned to your local court, but as the Defendant I think she can ask for it to be transferred to a different court.
Be aware that getting a positive judgement is easier than getting your money after the judgement. Professional bad customers know all the tricks.
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