DISPUTE RESOLUTION SOLICITORS IN HENLEY & READING
We have expertise acting in all manner of disputes for individuals and are experienced in negotiating settlements or pursuing and defending disputes through the Courts, where the avoidance of litigation is not possible.
Our solicitors will always provide clear and up to date information on the anticipated timescales and costs and carefully manage both aspects.
If you have bought a product and service that is not fit for purpose, of satisfactory quality or doesn’t match the description given when it was sold, and if after following the provider’s complaint procedure they have still refused to resolve the issue, the next step is to seek legal advice. We have advised on a wide range of consumer disputes including:
- faulty electrical goods
- substandard furniture
- defective motor vehicles and boats
- non-delivery of goods bought online
- poor quality work or service
- service or product warranty disputes
- insurance claims or coverage
- refunds for holidays, flights or hotels
As a consumer, when you buy goods or services from a business, you agree to their terms of service and the provider has a duty to make sure what they sell complies with Trading Standard regulations. If they have failed in this duty, we may be able to help.
Almost any purchase from a business by an individual that involves goods or services in the UK are covered under the Consumer Rights Act 2015. This Act does not apply to private sales or services between individuals however you can still pursue the matter via the small claims court.
The majority of the consumer claims settle out of court through negotiation. With any dispute it is important to get guidance and be clear about your consumer rights and your options before formal court action.
A small claim is a case that has been allocated to the Small Claims Track in the County Court. You can issue a small claim against a business, a sole trader or any other individual for almost any incident that breaches a contract you have made and where the value you wish to recover is under £10,000. Please note that small claims court costs are very different from other litigation in the courts. Recoverable costs in the smalls claims court are usually restricted to court fees paid and witness expenses, and do not cover solicitors’ fees.
Claims of over £10,000 – Fast track and Multi track
Claims of more than £10,000 are generally dealt with in either the Fast track (for claims with a value between £10,000 -£25,000) or Multi-track (for complicated claims with a value of £25,000 or more). Neither of the procedures for these tracks is straightforward and both may lead to a formal trial.
We would always encourage you to try to negotiate a settlement with the other party first, for example through mediation, as the Court will expect you to have acted ‘reasonably’, by exchanging information and documents about the dispute, and generally trying to avoid the need for making a claim. We can write a ‘letter before action’ to the other party, formally documenting the dispute, giving a deadline for resolution and including a warning that you will issue a court claim if they do not meet this deadline.
If you decide to go to court and the person you are suing defends your claim, you may need witnesses to help tell the court what happened and must pay their expenses. You may also need to pay for a report from an expert, for example, a mechanic or surveyor. If you win, you can expect the court to order the unsuccessful party to pay a contribution towards your costs and your legal fees.
How we can help
We can advise you on the prospects of your case, whether you can make a claim for a full refund, repair or replacement, and the best way to resolve your dispute through negotiation or issuing a claim in the small claims court. For more information please contact Laura Colebrook, Dispute Resolution and Litigation Solicitor.
As a consumer, when you buy goods or services from a business, you agree to their terms of service and the provider has a duty to make sure what they sell complies with Trading Standard regulations.
Landlord & Tenant Disputes
The law relating to the relationship between landlord and tenants, their rights and obligations is constantly changing. Whether you are a landlord, managing/letting agents or tenants, we can advise you on your rights in the event of a dispute and support you in taking appropriate legal action. We advise on a wide range of landlord and tenant disputes including:
- rent arrears
- tenancy deposits
- property disrepair and damage
- Landlord and tenant responsibilities and obligations to each other
- breach of tenancy agreement
- possession proceedings and evictions
- anti-social behaviour
- service charge disputes/recovery
As a landlord, you may feel that your property and your livelihood is at risk. As a tenant, you might feel that your home is under threat or is not up to standard.
If you are a landlord, we can help enforce the terms of your lease, take effective action against tenants who are in breach of the terms of their tenancy and can assist you in recovering unpaid rent. You cannot remove a tenant from residential accommodation without first obtaining a court order for possession. The process is complicated – we can advise on what you can do, how you can do it and the quickest and most cost effective route.
If you are a tenant, we can make sure your landlord carries out their obligations, including any necessary repairs to the property. If the landlord refuses, we can take action.
We endeavour to resolve disputes through negotiation or mediation, resorting to Court action as a last resort, always pursuing the most appropriate method based on the context of matter.
How we can help
Whether you’re a landlord or tenant, our experienced property dispute solicitors can provide sensible and pragmatic advice, assist with negotiation or mediation, and support you through a claim or defence in Court. For more information please contact Laura Colebrook, Dispute Resolution and Litigation Solicitor.
Boundary disputes are caused when two parties both believe they have the right to a piece of land. They can cause immense animosity and stress to residential homeowners, can escalate quickly and can affect the value of your property if you wish to sell. Therefore, is advisable to try and seek resolution as quickly as possible.
There are a number of different types of dispute that can arise including:
- a right of way or access over a piece of land
- a border between properties
- placement of hedges, fences, walls and plants
- party wall disputes
- disputes as a result of extensions
We are experienced in handling all types of boundary disputes cases and claims and can act quickly to protect your interests. We try to resolve matters amicably through negotiation and mediation to achieve an out of court settlement and maintain relations with your neighbours. Where this is not possible, we handle property cases involving boundary disputes in the Courts and can take appropriate action can be taken, including preventing financial loss if the value of a property or piece of land would be diminished by a boundary being moved.
How we can help
We can assess your boundary dispute case at the outset to help ascertain its strength, advise you of the best way to take effective action and minimise legal costs. For more information please contact Laura Colebrook, Dispute Resolution and Litigation Solicitor.
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