Dispute Resolution
• Goods
and Services
• Contractual
Disputes
• Housing Issues
• Holidays
• Paying for
our services
Life doesn’t always run
as smoothly as we would like and sometimes we are faced with the stress of having
to sort out a legal problem. Disputes come in many guises including those concerning
Wills, boundary or land disputes, landlord and tenant and contractual disputes
to name but a few. Whatever the problem, Foys has an experienced team of lawyers,
who can offer quick and effective advice and assistance.
Some of the following information may be useful, but for further advice, please
contact your nearest Foys office or email us by clicking on this link gareth.kite@foys.co.uk.
You can also complete the form which can be found in the enquiries section of
this web site.
Goods
and Services
When purchasing goods – either in a shop, by mail order
or over the internet – the buyer has a right, under the Sale of Goods
Act, to expect those goods to fit the description that was given, be of satisfactory
quality and be fit for the purpose for which they are meant. If they were bought
as a result of seeing a sample, they must also match the sample. If any of these
rights are breached, depending on the length of time the purchaser has had the
goods, he can request a replacement, a free repair or a refund. It is important
to note that these rights are against the retailer (the place the goods were
bought from), and any manufacturer’s guarantee is given in addition to
these rights. It is also important to note that the Sale of Goods Act does not
apply when buying a house or a flat, and the parts of the Act that say that
goods should be ‘fit for their purpose’ and of satisfactory quality’
do not apply in full to goods bought from an individual and not a business.
Although an individual selling goods is not allowed to misrepresent them by
saying they are something that they are not.
When purchasing a service, the buyer is protected by the Supply of Goods and
Services Act, which says that the service must be carried out with reasonable
skill and care, must be completed within a reasonable time limit, must use materials
of a satisfactory quality, be fit for the purpose and that a reasonable charge
must be made.
When encountering problems with goods and services, the first port of call should
be the supplier of those goods and services, who should be asked to rectify
the problem. If they do not, other recourses could be the manufacturer; the
credit company if the service was bought on credit and valued over £100;
a trade association who might be able to offer conciliation or mediation; an
independent arbitrator or an Onbudsman if there is one. If all of these attempts
fail or are not appropriate, legal action can be taken, and the supplier can
be sued. For claims of less than £5000, the Small Claims Court will deal
with the matter, and whilst claimants can carry out this action on their own,
a lawyer can still advise if necessary. Also, the Citizen’s Advice Bureau
may be able to help. For larger claims, a lawyer will need to prepare the case.
Foys’ lawyers are happy to offer a first free interview to discuss the
merit of any potential claim.
See also the section on faulty products under the heading Accidents and Injuries.
Contractual disputes
People enter into contracts with businesses every day, be
it booking a holiday, buying a car, hiring someone to do home improvements,
subscribing to cable TV or an internet service provider or a whole host of other
types of contracts. These contracts will contain a range of terms and conditions,
some of them unfamiliar, which both parties will need to comply with. Most businesses
use a set of standard terms for all of their business, and these terms must
be fair.
Sometimes people can find themselves faced with terms in a contract which makes
it unfair or unequal in favour of the business and which they feel may need
challenging. There are many terms that might be thought of as unfair, such as
if a business excludes or restricts its liability for certain things such as
death or injury, poor workmanship or faulty goods, or if it attempts to restrict
the customers rights. In such cases, and these are only a few examples of what
might be thought of as unfair terms, a person entering into, or who has entered
into a contract and is unsure about its contents should seek legal advice and
have the contract checked – preferably before it is agreed.
Disputes also arise when one party to a contract does not do what he is supposed
to, and there is a breach of contract. Again legal advice can be sought to help
resolve the problem in the best way, be it to force completion of the contract,
have it cancelled or claim compensation for the breach and its effects.
Housing Issues
Sometimes renting and letting property does not run as smoothly as it could.
Landlords and tenants disagree about certain issues.
Depending on the type of tenancy agreement, tenants have a right to stay in
property for a certain period of time. Also, providing the terms of the agreement
have been adhered to – such as paying the rent, maintaining the property
as necessary, not causing damage or disturbance – the landlord cannot
force a tenant to leave the property until the end of the term, and not without
the proper notice. Equally, the tenant cannot leave the property and stop paying
rent until the end of the term, unless a break clause has been included in it.
Both landlord and tenant will have obligations to maintain certain parts of
the property. It is usual for the landlord to be responsible for the structure
of the property, outside areas, heating and hot water systems and utilities
installations such as gas, electricity and water. If proper maintenance is not
carried out, the tenant may be able to take legal action, such as make a county
court claim, whereby the court can order the landlord to do any repairs. This
can be combined with a claim for compensation for any inconvenience or distress.
It is also possible to get an injunction from the court, which can force the
landlord to carry out the repairs. If the landlord won’t do minor repairs,
the tenant may be able to do them and claim the cost from the landlord, by deducting
it from the rent – but legal advice should be sought before doing this.
If the tenant stops paying rent, the landlord may take action to end the tenancy,
and may be able to recover the debt through the courts if necessary.
Foys lawyers are experienced in dealing with landlord and tenant disputes and
can advise either party what the best course of action should be, whether that
is writing to the other party or instigating legal action and representing a
client in court.
Occasionally owners of property run into difficulties in keeping up with mortgage
payments, perhaps because of a sudden change in personal circumstances or unforeseen
events. Foys lawyers are experienced in negotiating terms with banks and building
societies and representing clients in court on the hearings of applications
for possession.
Holidays
Regrettably, not all holidays turn out to provide the well earned break anticipated,
and things may go wrong, such as overbooked hotels, poor quality or holidays
not matching the description in the brochure. In such cases it may be possible
to claim compensation from the travel company. Compensation can cover out of
pocket expenses, loss of enjoyment and the difference in cost between the holiday
expected and the one received. Any holidaymaker wanting to claim compensation
should do all they can to get evidence of the complaint whilst still on holiday,
such as photographs, details of witnesses etc., and should also make the complaint
to the holiday firm’s representative.
It is also possible to claim compensation for accidents and injuries whilst
on holiday – please see ‘holidays’ in the section headed ‘Accidents
and Injuries’ – and loss or damage to property whilst staying in
a hotel.
Paying for our services
We always offer a first appointment free of charge, during
which we will assess your case. During this interview, our lawyers will advise
you of what our likely costs will be for any further work that you wish us to
carry out. There are a number of different ways in which claims can be funded
and we will discuss with you the most appropriate method of funding your particular
case.
Foys Solicitors is Authorised and Regulated by the Solicitors Regulation Authority SRA No 00048529
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