Claiming costs

#1
Chaps, I'm wondering if anyone can help before I pay for legal advice.

We are defending what we believe to be a very spurious and maliciously reported court case bought by trading standards. Without going into any details, the complainant never ever intended to pay for the goods and reinforced her case by making false complaints to trading standards - we are defending 5 counts and they are very simple to defend.

Saying that, we don't need the grief. I feel that if the complainant knows that if the case fails, then we will not just go after her for the cost of the goods (spray foam insulation), but also go after her for any and all costs associated with the case. I think we're running at about 30k so far.

My question is, if, as anticipated, we are found NG on all charges, can we make a reasonable application to the magistrates for all associated costs. At present it seems that the worst case for her would be to be made to pay for a product she bought and we sold her in all good faith. I think if she knew the stakes are much, much higher then she might reconsider

Thanks in advance chaps, messy situation that came right out of left field.
 
#2
It's a bigger version of those who go into a restaurant, eat the meal , then complain about it hoping for a refund/discount .....

I'm no expert, but for my dealing with the SCM, think it's been retitled now? You can apply for costs.

She has the goods that you supplied, she has use of said goods.

If you do approach her and mention her likely costs, she may say that you are using threats and intimidation?

No body needs the grief but go for the throat , you owe her no decency and she has already proved her own character.

I will also add that for a reasonable cost, most Companies can get legal protection/cover, for this type of nonsense.
 
#3
Thanks JD - I think our intended course is to go to trial, sort that and hit her with a big N1. But before the trial, we'll let her know we're hitting her with a big N1. If she abandons her position, we'll just go for what she owes us. If she wants a fight, I'll submit receipts for everything including for the Costa coffee's we've drunk whilst discussing it. 3495 or ten times that. Her ball.
 
#4
Thanks JD - I think our intended course is to go to trial, sort that and hit her with a big N1. But before the trial, we'll let her know we're hitting her with a big N1. If she abandons her position, we'll just go for what she owes us. If she wants a fight, I'll submit receipts for everything including for the Costa coffee's we've drunk whilst discussing it. 3495 or ten times that. Her ball.
Good Luck. get all your ducks in a row and legal advice, it's always worth it and some of them also take the hit if things do not go as expected.
 
#5
Can we claim reasonable costs / work lost as a result of her "claim" / travel / time and staff expenses ? - basically anything we can reasonably show to have been lost as a result of her action?
 
#6
Unless you want to get financially hung on internet advice go with a professional each time, and don't let the other party know your going for the jugular, let lawyers talk to each other without the emotions attached or you may fall foul of the law
 
#7
Not clear here

Are these civil claims for damages by her (eg. Sale of goods act) or prosecutions being brought by trading standards

If the latter, then there is no way as all you’ll be getting costs back off her via the magistrates

You can try to sue her through the civil courts for defamation, but you would have to prove she acted maliciously, and you Can be sure as Hell that costs would far outweigh any potential compensation, and likely take years of battling to see a single penny even if you won.
 
#8
Your initial post reads to me that Trading Standards are bring a criminal prosecution. If this is correct, the customer you refer to is a complainant and witness; if you communicate with her in any way pre-trial you leave yourselves open to accusations of witness intimidation. That’s jail time for sure.
 

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