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What entails a client-service agreement?

My client's former Accountant has initiated a Court Court Summons  that my client activated a client-service agreement and failed to pay the amount agreed. However, the true case of the matter was THAT no actual agreement was signed No invoice was issued! In the court summons NO documented evidence was attached. My client has asked for 28 days to reply to the claim. Please advice on what area of Law he needs to base his reply upon and what really makes a client-service agreement. Even in a case where invoice wasn't issued but the old Accountant claimed it was. How can we dispute this in law?

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Common sense

Firstly it's best to remember that in such cases there are 2 sides to any dispute and so the best result usually means the 2 parties compromising, gritting their teeth and carrying on with their lives.

The claim will allow your client to dispute all or some of the claim and it is just a case of him stating in simple terms that no agreement or invoice was received or approved and that (although you don't say), in the circumstances (that he should set out), he has paid, or agreed to pay, a fair sum for the services provided.

If it's the case that he feels he has paid too much, or that the accountant has not acted correctly, and therefore should refund fees paid, then again the claim will provide for your client to counter-claim for any sum he feels is due back.

Finally, the claim notes and online guidance are designed to assist lay people to handle most cases but, as I have learned, it's best not to get directly involved, ie just support the client's own efforts, if you feel fit to.  If it turns out to be too complex or he's not sure of what he's doing, then he should seek the help of a solicitor.

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By zebaa
03rd Jan 2013 23:52

Just..

Tell your side...sorry, get your client to tell his side of the story. No need to quote law. A hearing date will be set and your client should attend. the client is under no obligation to have a lawyer, but may choose to spend his money on one. Both sides can outline their case and ask questions of the other side. The case will, most likely, be decided that day unless it is complex. 

From your post the issue seems to be a dispute about the existence of a contract. It is for the former accountant to prove his case, not for your client to try prove a negative.

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