How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex J. Your Own Question
Alex J.
Alex J., Litigator
Category: UK Law
Satisfied Customers: 3493
Experience:  LLB, LPC, DELF
13113900
Type Your UK Law Question Here...
Alex J. is online now
A new question is answered every 9 seconds

Alex, this is Matteo, the student who runs a web

Customer Question

Hi Alex, this is Matteo, the student who runs a web development business. He is taking me to court for £443.50 + court fee. He still mentioned loss of earnings of 1,500 (again different to the number stated before), but is only claiming the above… I want
to launch a counter claim as I believe I have lost a lot of time with this guy. I want to claim for my time spent and to ensure I now get paid for the website I made. My defense is as follows, What do you think: The defendant has fulfilled his contractual
obligation of constructing a website for the claimant with there exact specifications, plus all requested add-ons. Evidence of this can be provided. If the claimant did indeed later hire another web developer to expand the website or create another was the
claimant's prerogative, however, since the defendant's website was fully functional, this has no relation to the defendant. The functionality of the website can be proven by an email sent to the defendant by the domain registrar hired by the claimant. (Should
I give him this much detail?) Defendant denies any liability for claimant losses, especially considering claimant did not have an online presence (website) before and therefore claiming a loss of profit is entirely inconsistent. The Claimant has threatened
the defendant several times with different amounts of 'loss of earnings' ranging from 1,500 to 2,000+ suggesting claimant is simply plucking these numbers randomly. Since Claimant did not end up using the website, the Defendant was happy not to pursue payment
owed to defendant for services rendered as the Claimant has yet to pay the Defendant. Due to the circumstances however, the defendant would like to claim the £295 still owed for the second half of the payment for the website, plus interest under section 69
of the County Court Act 1984 at a rate of 8% per year. The Defendant would also like to state that the first half of the payment was requested back via a chargeback request from the Claimant. Until recently this money has been in dispute. Paypal has recently
confirmed to the defendant that the money will be returning to the Defendant as the Claimant's bank has acknowledge that it will take no further action due to the evidence provided by the Defendant. The Defendant would also like to make a further claim of
£1,036 for the time spent dealing with the threats, constant phone calls and current proceedings suffered due to the Claimant’s actions.
Submitted: 1 year ago.
Category: UK Law
Expert:  Alex J. replied 1 year ago.
Hi Thank you. I have received this. I am reviewing it now and will revert to you.Kind regards AJ
Customer: replied 1 year ago.
Amazing thanks!
Expert:  Alex J. replied 1 year ago.
Hi,
My apologies my internet access has been down today.
I will revert to you within 24 hrs.
Kind regards
AJ
Customer: replied 1 year ago.
No worries, when you can.
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
The main the issue you have is proving your losses. Are you able to show that you have lost customers because you spent time working on this?
Also can you confidently prove (with emails or other evidence) that you fulfilled the contract specification?
Kind regards
AJ
Customer: replied 1 year ago.
It would be hard to prove, could I not base it on time spent emailing etc and compare it to my hourlie rate?Also, regarding contract specification, there was no contract. he asked me to make a website, I did and it worked perfectly. I have screen shots of the website on his URL and an email from his registrar to prove such.Also, paypal winning the chargeback request surely has merit also, right?
Customer: replied 1 year ago.
My evidence is attached.Simply 1-6 (no number 3) are screen shots of the website (6.1 to 6.3 show the website is mobile friendly and extra we gave him at no cost). I have a write up he wrote that matches all specs on the screen shots.The last 2 attachments are emails from the web registrar stating that transfer was successful and all worked.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. My apologies for the further delay. I will review this evidence tonight and respond to you tonight. Certainly pay pal not granting the charge back may be evidence that you fulfill the contract, but want you want to show is that you fulfilled the service as agreed - is he using your website currently?
Customer: replied 1 year ago.
Hi,The bank have decided to side with the buyer, just got a call from Paypal, they revised and because this is a 'cyber' product it can't be prove if it was delivered. Paypal told me further that it is normally very hard to win a charge back on services.No he is not currently using the website, he is using a blog template.Is not the email from his web registrar stating that the website works perfectly and was transferred enough? Plus screen shots of the working website? (I have attached all evidence in the message above.)
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Emails confirming that the service met the required standard is admissible evidence in the claim. Emails certainly can and should be disclosed.
All the evidence you have provided should be put into chronological and submitted if it is relevant to either your defence or counter claim.
Have you drafted the counter claim and are pay pal providing any evidence to the court?
Kind regards
AJ
Customer: replied 1 year ago.
Ok thank you. I am going to draft something tomorrow and post it to you. Not sure as yet, they are considering.
Expert:  Alex J. replied 1 year ago.
Thank you. Kind regards AJ
Customer: replied 1 year ago.
This is the FULL defense and counter-claim. Let me know what you think.The claimant states the defendant promised to supply the website by the 14th and 21st July. The Defendant did in fact provide the website on the 6th May 2015 (View Evidence 1), with transfer completed on the 7th May 2015 (View Evidence 2). Over 1 month prior to the deadline suggested by the claimant.The claimant states that the back part of the website was not working properly. The claimant's own web registrar confirmed on the 6th and again on the 7th May 2015 that the entire website was functioning properly (View Evidence 1 and 2).The claimant states that he had to bring in a new developer. If the claimant did indeed later hire another web developer to expand the website or create another is down to the claimant's prerogative, however, since the defendant's website was fully functional, this has no relation to the defendant. (View Evidence 3-7).The claimant mentions loss of earning of approx 1,500. The defendant denies any liability for claimant losses, especially considering claimant did not have an online presence (website) before and therefore claiming a loss of profit is entirely inconsistent. The Claimant has threatened the defendant several times with different amounts of 'loss of earnings' ranging from 1,500 to 2,000+ suggesting claimant is simply plucking these numbers randomly.The defendant has fulfilled his contractual obligation of constructing a website for the claimant with the claimant's exact specifications, plus all requested add-ons. (View Evidence 3-7)The defendant would like to launch a counter-claim for the £628.40 still owed for the construction of the website, which should have been paid on transfer in May, plus interest under section 69 of the County Court Act 1984 at a rate of 8% per year.The Defendant would also like to make a further claim of £500 for time lost due to dealing with the threats, constant phone calls and current proceedings suffered due to the Claimant’s actions. The defendant's average pay for services rendered is £500 per week, of which invoices and contracts can be provided to prove such, and as the total time spent dealing with the claimant's claim is roughly just over a week, the defendant would like to be reimbursed for profit lost due to time wasted.
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
It is very difficult to make a claim for lost time, can you prove that you have lost customers or business as a result of the claimants actions?
Kind regards
AJ
Customer: replied 1 year ago.
Not really no, its just been incredibly frustrating dealing with all of this. I can remove that last bit, if you think it won't bare any fruit, I am really not that fussed and frankly he probably has no money.How is the rest of the defense write up? Is it ok?
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Do you have any emails from the claimant where he actually accepted your work?
Kind regards
AJ
Customer: replied 1 year ago.
Yes, I believe so. As well as the fact that he paid the 50%, which he then requested for chargeback.Most of our talks where done via telephone. Why?
Customer: replied 1 year ago.
Also, does the defense write up look ok? Minus the part I mention payment for days lost. I am only asking because I have never done this and have no idea how a defense statement should look like.
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
http://www.compactlaw.co.uk/free-legal-precedents/small-claims-court.html
This is a good template for a particulars of claim and defence in the county court. All you need to do is present a statement of the facts in chronological order. You then need to attached to your claim any evidence you want to rely on i.e emails, screen shots etc.
If you mostly discussed the issue over the phone can you make a written record of what was discussed?
Kind regards
AJ
Customer: replied 1 year ago.
Hi,Ok I have attached my defense, last question I promise. Below is what he wrote. Can you tell me if my defense is good compared to his claim?Particulars of Claim:The defendant promised to supply the claimant with a website between the 14 and 21 July 2015. Due to foreseeable development diffucuties (believed to be due to a lack of competence in web developing) the website was not delivered. on the 14/05/2015 the claimant had no option but to get a new devloper to try to complete the site. The new developer said that he had to start from scratch as the back part of the site was not setup correctly. Other than a loss of earnings of approx. 1,500 I had to pay an additional 430. The claimant claims interest under section 69 of the COunty courts act 1984 at the rate of 8% a year from 15/05/2015 to 18/05/2015 on 430.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.15.
Customer: replied 1 year ago.
Also, regarding your phone question. Yes I can.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you.I will review these as soon as I can.Kind regards AJ
Customer: replied 1 year ago.
Hey Alex, any news on the answer? I want to respond by Friday.
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
My apologies for the delay, my only concern about this is you should focus more on explaining (with reference to facts and correspondence) why the website conformed with what he ordered.
Have you actually gone through his claim and responded to all the points and allegations he has made?
Kind regards
AJ
Customer: replied 1 year ago.
Yes, below are his allegations:Particulars of Claim:The defendant promised to supply the claimant with a website between the 14 and 21 July 2015. Due to foreseeable development diffucuties (believed to be due to a lack of competence in web developing) the website was not delivered. on the 14/05/2015 the claimant had no option but to get a new devloper to try to complete the site. The new developer said that he had to start from scratch as the back part of the site was not setup correctly. Other than a loss of earnings of approx. 1,500 I had to pay an additional 430. The claimant claims interest under section 69 of the COunty courts act 1984 at the rate of 8% a year from 15/05/2015 to 18/05/2015 on 430.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.15.
Customer: replied 1 year ago.
If you see what I sent you on the 10 August 2015 11:57 I go through all of what he says.
Expert:  Alex J. replied 1 year ago.
Hi Thank you is that the full extent of his particulars? Kind regards AJ
Customer: replied 1 year ago.
Yes...
Customer: replied 1 year ago.
Yes it is. Why? Should it be longer? Do please reply when you can, as I hope to get this out by the weekend.Best, Matteo.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Sorry you do not need to call me, clicked to see what it was. Please do reply via chat, as we have done before, if preferred.
Customer: replied 1 year ago.
Hi Alex,Can you please reply to the above early this week? I want to send out the defense reply by Wednesday as my deadline is Saturday.
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
I am struggling to understand how this claim can be defended - there is no detail in his particulars of claim.
Have you considered applying to have it struck up under Civil Procedure Rule 3,4 - if he has not provided any evidence or even a witness statement, this claim should not really progress.
If he all he has provided in his claim is the information above, that does not sufficient to me to bring a claim.
Kind regards
AJ
Customer: replied 1 year ago.
Yes that is all I have gotten. How do I have it struck out?
Customer: replied 1 year ago.
Hi Alex,I am going to put my defense as I have sent you tonight as the deadline is approaching, if he has given no evidence then surely I should win...Can you let me know if my defence (then one I attached before) is good and in a 'legal' language?I will let you know how it goes and if I need any more advice.
Customer: replied 1 year ago.
Also, if I did want to have it truck out, how would I go about doing that?Do I just put that in my defense?
Customer: replied 1 year ago.
Hey Alex, just realised the 28 days expire on Sunday, but I will send my defense in tomorrow afternoon to be safe, so if you could, please reply to the above questions by tomorrow morning if possible. Thanks again so much for all your help!
Expert:  Alex J. replied 1 year ago.
Hi
Thank you.
To have the claim struck out you need to make an application using form N244.
What you need to make clear is he has not actually demonstrated you are in breach of contract.
Has he even provided proof the money was paid to you?
Kind regards
AJ
Customer: replied 1 year ago.
Nope nothing, no money was paid to me and the money he is referring to is the money he paid another web developer.
Customer: replied 1 year ago.
It seems like I would have to ask the court to send it to me and then resend, which would take to long. Can I still just send in my defense? Would it be bad for me if I did?
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Your defence just need to be clear that you provided the service as he requested and you were not in breach of contract. I would submit the defence and then look to have the claim struck out. It is difficult to defend something where you do not actually have the details of what you are defending. He has not described what you have done or why he is claiming the money?
Customer: replied 1 year ago.
Ok, I will do that. So I will send the defense attached.As mentioned all I have is this:Particulars of Claim:The defendant promised to supply the claimant with a website between the 14 and 21 July 2015. Due to foreseeable development diffucuties (believed to be due to a lack of competence in web developing) the website was not delivered. on the 14/05/2015 the claimant had no option but to get a new devloper to try to complete the site. The new developer said that he had to start from scratch as the back part of the site was not setup correctly. Other than a loss of earnings of approx. 1,500 I had to pay an additional 430. The claimant claims interest under section 69 of the COunty courts act 1984 at the rate of 8% a year from 15/05/2015 to 18/05/2015 on 430.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.15.
Customer: replied 1 year ago.
Sorry ignore the last paragraph in the defence I hae just attached, I will be removing it and not claim £500.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Your defence surely is you (a) delivered the website (b) complied with his spec (c) have screen shots to show the website was delivered?
Customer: replied 1 year ago.
Yes, but I thought I had to respond to all his accusations?Also, sorry this is the latest defense I have written. view attached.
Customer: replied 1 year ago.
why can't I upload anything in the defence box? How do I show the court the screen shots?
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. I have this word doc. Is this the latest defence? Unless I have missed you, need to make clear that the claimant has not actually explained why it believes you are liable.
Customer: replied 1 year ago.
Have done so and have filed defense. What will happen next?I will request the case be struck out as will call the court center tomorrow :)
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. The matter will be listed and he will have to respond to your counter claim. There will be a hearing unless you can settle?
Customer: replied 1 year ago.
I have tried to let it rest, but he wants that £400+ from me, so settling is probably out of the question.When I sent in my defense and counter-claim, there was no place for me to upload my evidence, when do I do that?
Expert:  Alex J. replied 1 year ago.
Hi
Thank you.
You will need to call the court and submit your evidence by post.
Have you referenced it properly in the defence?
Kind regards
AJ
Customer: replied 1 year ago.
I think so and ok will do that tomorrow or Friday. thanks!
Customer: replied 1 year ago.
Also, when will I submit my evidence? As there was no where I can do so on the money claim online website.
Expert:  Alex J. replied 1 year ago.
Thank you.
Do you have a contact number for the court?
Kind regards
AJ
Customer: replied 1 year ago.
No trying to find it. Do you have the number I need to call?
Customer: replied 1 year ago.
Hi Alex,The court proceeding is moving forward. I have sent to the court my directions questionnaire and all my screen shots and emails that I will be using as evidence.He, I presume has sent them to the court as well. However, he has sent a copy to me as well. Should I do so to or is that to soon?Also, in his write up that he sent me, he changed the date he claims was the deadline from July to April.
Expert:  Alex J. replied 1 year ago.
Hi. Thank you. Is the evidence accurate - I presume he has not changed anything? Kind regards AJ
Customer: replied 1 year ago.
His evidence is our emails printed, which have not been changed. However, his write up that he just sent me is not like the particulars of claim he originally sent. It has been changed. For instance he has changed the month of the supposed deadline for website delivery.He originally said the deadline was July in the particulars of claim, but today I received a pack from him (not the court) which stated the deadline was April.Am I supposed to send my defense to him as well? Or do I wait to do this until the court has set a date?

Related UK Law Questions