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received a claim

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  • received a claim

    Hi was looking for some help regarding a claim I've had against a business i ran as a sole trader last year but cant now due to a shoulder injury it was painting and decorating.
    so i did a job 10 months ago and was paid in full no problems now the lady is claiming she was unhappy with work and that it was unfinished which isnt true and she wants wants a refund there has been no communication before this claim it has come out of nowhere so just wondered where i stood ??? thank you in advance.
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  • #2
    Hi WGCHOOP

    Welcome to LB

    What you need to do is Acknowledge of Service of the claim - that will give you more time to prepare your Defence, so that 14 + 14 days
    (plus 5 days post). You can Acknowledge of Service online.

    https://legalbeagles.info/library/gu...y-court-claim/

    There are Pre-action protocols which she should have followed, all this can be stated in your Defence.

    https://www.justice.gov.uk/courts/pr...civil/protocol

    The following is an example Defence (somethings don't apply, i.e. CCA 1974, those sections can be removed).

    Start building your Defence.





    Comment


    • #3
      thanks for info will look into it ,so if she hasn't gone down correct route will that effect her claim and the time from completing job to her complaint is there anything in that ?

      Comment


      • #4
        Originally posted by wgchoop View Post
        thanks for info will look into it ,so if she hasn't gone down correct route will that effect her claim and the time from completing job to her complaint is there anything in that ?
        Failure to follow pre action protocols will be taken into account in any court proceedings. She may be ordered to pay additional costs resulting from her failure. If she is awarded costs by the court, the amount may be reduced on account of her failure.

        She has left it for almost a year before she complained. So why didn't she complain earlier, she seemed content with the work you carried out. The work has been carried out under the Consumer Rights Act 2015.

        https://www.which.co.uk/consumer-rig...t-aKJYx8n5KiSl

        Comment

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