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Hi everyone,
I wasn't quite sure of the right forum to post this as I'm a first-time poster, but I'm looking to get a little perspective on a situation I've encountered.
Last year, I instructed a surveyor, and their report turned out to be inconclusive. It was only after consulting another surveyor that I learned the initial report should have provided a clearer conclusion, even if it wasn't favorable to my case.
I ended up having to seek a second opinion, which cost me out-of-pocket expenses totaling £300. Fortunately, the vendor agreed to split these costs with me. I then lodged a complaint with the original surveying company, requesting reimbursement for my expenses. Despite sending a detailed email and following up twice, they ultimately declined to reimburse me. When I inquired about the next steps, they failed to respond.
I subsequently attempted to file a complaint with their external regulatory body, but I discovered that the wait times were excessively long, and they weren't equipped to handle disputes of this nature.
Left with no other recourse, I decided to pursue a small claims case for the £150. While I didn't send a pre-action letter (which i now know was a mistake), I did inform the surveying company via email immediately after initiating the small claims process. I expressed my willingness to resolve the matter amicably and indicated that I would withdraw the case if possible.
This communication occurred in November. Despite my email, the company neither responded nor engaged with the court proceedings. As a result, I was awarded judgment in December.
Upon informing the surveying company of the judgment, they accused me of breaching their contract and threatened to involve their solicitors. However, I never received any correspondence from their legal representatives.
In February, the company asserted that I had violated their terms and conditions, which I do not recall ever signing or agreeing to. According to the excerpts they provided from their emails, they claim that failure to seek adjudication with them prior to legal action, even in the form of a pre-action letter, would result in a charge of £10,000.
Subsequently, they issued me an invoice for £9,950, stating that if it was not paid within a week, they would pursue legal action to recover the amount. They also referenced barristers and potential legal claims, although I have not received any formal legal documentation or communication.
After two weeks, they sent another email, threatening legal action if the amount was not paid by midday today. They justified the £9,950 charge as compensation for lost business and legal costs and external consultations.
While I understand that I am not receiving legal advice, based on my limited understanding, the £9,950 charge does not seem to be a reasonable estimate of their expenses but rather appears to be a penalty. Furthermore, the fact that the surveying firm continues to correspond with me directly, rather than through their solicitors, suggests that they may not be serious about pursuing legal action and may be trying to scare me.
I am unable to pay such a substantial amount, and I do not believe it is fair. I genuinely attempted to resolve the matter directly and am seeking advice on how to proceed. If any of you were in my shoes would you consult a solicitor now, or would you wait until you receive legal papers, if they are forthcoming? The issue is any costs i pay to a solicitor now wouldnt be claimable even if they were to lose, as itd be a small claims track - and dont want to pay a solicitor if it's unlikely they'd claim or be successful in claiming against me.
One thing to note, upon receiving their invoice initially i was so worried (i have MH problems) i applied for and paid for the judgement to be set aside. this going to take some time - i said no hearing but there is a back log - i have told the surveying firm i have done this - explaining not ebcause i feel i was wrong, but that because i dont want the back and forth and that while i was in the right to ask for a judgement, i want the communications to cease.
I wasn't quite sure of the right forum to post this as I'm a first-time poster, but I'm looking to get a little perspective on a situation I've encountered.
Last year, I instructed a surveyor, and their report turned out to be inconclusive. It was only after consulting another surveyor that I learned the initial report should have provided a clearer conclusion, even if it wasn't favorable to my case.
I ended up having to seek a second opinion, which cost me out-of-pocket expenses totaling £300. Fortunately, the vendor agreed to split these costs with me. I then lodged a complaint with the original surveying company, requesting reimbursement for my expenses. Despite sending a detailed email and following up twice, they ultimately declined to reimburse me. When I inquired about the next steps, they failed to respond.
I subsequently attempted to file a complaint with their external regulatory body, but I discovered that the wait times were excessively long, and they weren't equipped to handle disputes of this nature.
Left with no other recourse, I decided to pursue a small claims case for the £150. While I didn't send a pre-action letter (which i now know was a mistake), I did inform the surveying company via email immediately after initiating the small claims process. I expressed my willingness to resolve the matter amicably and indicated that I would withdraw the case if possible.
This communication occurred in November. Despite my email, the company neither responded nor engaged with the court proceedings. As a result, I was awarded judgment in December.
Upon informing the surveying company of the judgment, they accused me of breaching their contract and threatened to involve their solicitors. However, I never received any correspondence from their legal representatives.
In February, the company asserted that I had violated their terms and conditions, which I do not recall ever signing or agreeing to. According to the excerpts they provided from their emails, they claim that failure to seek adjudication with them prior to legal action, even in the form of a pre-action letter, would result in a charge of £10,000.
Subsequently, they issued me an invoice for £9,950, stating that if it was not paid within a week, they would pursue legal action to recover the amount. They also referenced barristers and potential legal claims, although I have not received any formal legal documentation or communication.
After two weeks, they sent another email, threatening legal action if the amount was not paid by midday today. They justified the £9,950 charge as compensation for lost business and legal costs and external consultations.
While I understand that I am not receiving legal advice, based on my limited understanding, the £9,950 charge does not seem to be a reasonable estimate of their expenses but rather appears to be a penalty. Furthermore, the fact that the surveying firm continues to correspond with me directly, rather than through their solicitors, suggests that they may not be serious about pursuing legal action and may be trying to scare me.
I am unable to pay such a substantial amount, and I do not believe it is fair. I genuinely attempted to resolve the matter directly and am seeking advice on how to proceed. If any of you were in my shoes would you consult a solicitor now, or would you wait until you receive legal papers, if they are forthcoming? The issue is any costs i pay to a solicitor now wouldnt be claimable even if they were to lose, as itd be a small claims track - and dont want to pay a solicitor if it's unlikely they'd claim or be successful in claiming against me.
One thing to note, upon receiving their invoice initially i was so worried (i have MH problems) i applied for and paid for the judgement to be set aside. this going to take some time - i said no hearing but there is a back log - i have told the surveying firm i have done this - explaining not ebcause i feel i was wrong, but that because i dont want the back and forth and that while i was in the right to ask for a judgement, i want the communications to cease.
