Dispute Resolution FAQs
How can we help you?
Somebody owes me money
Before you sue somebody, you are required to try and resolve the matter. Usually this will involve us sending a “solicitors letter” in the first instance. If the debt is disputed and you cannot resolve that dispute, you may be left with no option but to issue Court Proceedings. Please refer below to What happens if I can’t resolve the issue and I have to go to Court? Before issuing Court proceedings you need to consider whether the person you are suing actually has the means to pay you.
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I have bought something which turns out to be faulty
Manufacturers and supplies are obliged by law to provide goods which are of a satisfactory quality and should either refund your money, repair or replace the item, depending on the circumstances. You should take the matter up with the supplier in the first instance, but if you fail to get a satisfactory response, then we may be able to get involved on your behalf. In most cases, faults which are found within the first 6 months are treated as being there at the time of sale, unless the supplier can show otherwise.
Alternatively, if an item costing more than £100 was paid for by credit card, then your credit card provider may agree to refund the cost and take it up with the supplier on your behalf.
You should make sure you keep a copy of all letters and emails you send them. If you speak with somebody on the telephone, keep a note of their name and what was said.
A good source of consumer advice is the CAB or Trading Standards. In some cases Trading Standards may also agree to take up the matter on your behalf.
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I have just returned from the “holiday from hell” – what can I do?
Your rights will depend upon whether you booked a Package Holiday, or whether you booked the individual elements of the holiday yourself; there is greater protection for Package Holiday customers.You should record in detail your list of complaints, taking photographic evidence where possible. If you have witnesses who can support your complaints, then make sure you take their contact details.
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I have got a problem with a tradesman I employed
The general rule is that people who provide a service must do so with reasonable care and skill and charge a reasonable price. Disputes with tradesmen such as builders, plumbers, and electricians, can get complicated and we can assist you in trying to resolve the matter without going to Court. In some cases you may need to involve an independent expert to assess the problem. In all cases you should keep a detailed record of the problem, with photographic evidence where appropriate.
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My neighbour is being difficult
Neighbour disputes can be a source of untold misery and it should be a priority to resolve these as quickly and amicably as possible to avoid them escalating. In many cases these disputes arise out of issues concerning the boundaries between properties, or various rights of way. Here the combined expertise of our litigation and conveyancing departments will work together.
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My previous solicitor/accountant/architect/other professional didn’t do a good job for me
Claims arising such as these are known as professional negligence claims. They can be very complicated; just because something has gone wrong, it does not necessarily mean that the professional was negligent. For that reason, it is important to get specialist advice and it is likely that independent expert evidence will be needed.
In some cases however, it may be more appropriate to make a complaint to the governing body or ombudsman for the profession concerned. Some of these authorities have power to resolve disputes by arbitration, or award compensation in appropriate circumstances.
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My landlord/tenant is causing me problems
Hayton Winkley act for both landlords and tenants of both residential and business premises and will advise and assist you to resolve the problem, whether it be about regaining possession, rent arrears or other types of dispute. We will always need to see a copy of the tenancy agreement and any correspondence or notices which have been sent.
If you are a residential tenant on low income, you may be eligible for free advice and assistance funded by the LSC (Legal Services Commission) offered by the South Lakeland Citizens Advice Bureau Housing Solicitor. You should telephone 01539 721216
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I have a problem with my bank/credit card company/insurance company
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My gas/electricity/water/other supplier is causing me a problem
Dealing with Utility Companies or Financial Institutions can be extremely frustrating and in certain cases having a Solicitor on your side may help to get to the bottom of the problem. Alternatively, we can advise you about making a formal complaint or claim through the correct regulatory authority/ombudsman that will usually provide method for dispute resolution.
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What happens if I can’t resolve the issue and I have to go to Court?
Going to Court should always be seen as a last resort, but sometimes it cannot be avoided. We will advise you on the merits of proceeding with the case, or defending the case if proceedings have been issued against you.
It is however important to note that disputed claims with a value of less than £5,000 are allocated to what is known as the Small Claims Track. This means that if you win your case, you will not be able to recover your Solicitor’s costs for representing you, but if you lose you will not be liable to pay the other side’s Solicitor’s costs. For this reason it can be uneconomic to engage a Solicitor to represent you in Small Claims. We will consider the circumstances of your particular case and advise on the best course of action for you.
If your claim is not disputed, you should be able to get a County Court Judgment fairly easily. You should however bear in mind that this does not automatically mean that you will get paid. If you have sued a private individual who cannot afford to pay you, you may only get paid in instalments. Or you might have to try one of the methods of enforcement provided by the Court. Sometimes, it can prove impossible to recover the money due under the Judgment. We can advise you further.
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