About us

Greene & Greene is a long established firm of solicitors based in Bury St Edmunds, Suffolk. Our lawyers advise individuals and businesses based all over the UK.

We regularly attract new clients who have been using firms in London, but now receive a more cost efficient and more personal service from us here in Bury St Edmunds.

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Entries in Debt Recovery (2)

Wednesday
Jan292014

New case highlights dangers of Doorstep Selling Regulations

A recent case has highlighted the importance of businesses complying with the Doorstep Selling Regulations when selling goods or services to consumers. The Regulations are formally known as the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2007.

Where a business selling goods or services meets with a customer away from the business’ offices or shop prior to the sale, the Doorstep Selling Regulations may apply. The Regulations require certain information to be given to the customer, and also give the customer a cooling off period of 7 days in which to cancel the contract.

In the recent case, a business specialising in the hiring of motorbikes to individuals, BLD, were contacted by a potential customer by telephone and arranged for the hire of a motorbike. BLD took the bike to the customer’s home, where the paperwork was signed and the bike handed over. Unfortunately for BLD, the paperwork did not comply with the Regulations. Consequently, BLD was barred from enforcing its terms and conditions and was unable to recover payment for the hire of the bike.

The case serves as a timely reminder that the Regulations do not just apply when businesses cold-call customers, and can apply even when the customer has made contact with the business first, and the customer has arranged for the visit to their home. All businesses should ensure that their sales teams are aware of how the Regulations work, and that their terms and conditions provide the required information. Failing to do so could leave a business going unpaid for the goods or services it provides.

If you require any further information on this subject, please contact Andrew Cooper on 01284 717511 ~ andrewcooper@greene-greene.com ~@greenegreenelaw

Tuesday
Mar052013

Beat the increase in small claims limit

In February 2013, the Government decided to increase the general small claims limit. The necessary amendment rules were published earlier this month and provide that with effect from 1 April 2013 the upper financial limit for a small claim would be raised from £5,000 to £10,000.

Currently cases between £5,000 and £10,000 are generally dealt with under fast track provisions in which costs awarded to the winner are payable by the loser. As no costs (save for very limited costs of issue) are recoverable in the small claims track, if you have a claim worth between £5,000 and £10,000 and wish to benefit from the current costs rules you will need to ensure proceedings are issued before the changes on 1 April. Given the need to comply with pre-action protocols and in particular to send a letter before action it would be necessary to act now.

As of late February it is not known what changes the Court Service intend to make towards a) Court fees and b) the amount of costs to be allowed on judgment. These may well be revised to take into account the changes coming into effect on 1 April.

Juliet has been a part of the Greene & Greene firm since joining in 1988. Dealing primarily with family matters and child related disputes, Juliet’s recent work includes dealing with divorce, cohabitation disputes and child cases following separation of parents.