1) Keep Detailed Records and be Organised
· In your life generally, make a habit to document everything by keeping notes of communications, telephone calls, dates, times, names of whom you spoke to etc, correspondence (emails. letters etc), take photos as evidence), receipts, records of your interactions.
· We should all keep records, whether physical documents or scanned on computers, laptops, mobile phones etc, for at least six years as this is the limitation period for someone to take you to court in most civil cases (although there are other time limits e.g. 3 year for personal injury claims, 12 years for some property transactions etc).
· When I say be organised (don’t look at me now - I used to be the most disorganised person ever - I knew where everything was, but nobody else did). I mean keep a folder (physical or digital) for all documents, this should include all contracts, legal or other important documents for services (like a product warranty), supplies etc. If you have a Will make sure you keep it in a safe place, which is not always in your home!!
2. Know Your Facts - Tell Your Story Plainly
· Make sure that you do your due diligence, find out the facts of what you are addressing, do not leave things to chance.
· If you are explaining an incident of a workplace, a bank, government office or any other situation. You should be able to describe what happened in chronological order, without embellishing (add or change details to make it more interesting or what you think should be said) or guess the other’s motive etc.
· Just tell your story (your version of events) in the best language you know. You must use plain and simple English and avoid legal jargon. The clearer your story, the easier it is for others to understand your perspective. Be clear and concise about the facts. Avoid speculation and stick to what you know to be true.
3. Seek Legal Advice Early
· Where you are unsure about your rights or how to proceed or if in doubt, seek
advice early, there are legal advice centres that can give you free advice. You should take advice, before taking any action. This can also be deemed part of your due diligence and getting your facts right.
4. Be Honest, Consistent and Always be Willing to Compromise.
· Honesty and consistent builds your credibility. Avoid exaggerating or downplaying your situation, as this often backfires to your detriment.
· When you are in a dispute, it is rare that either party will get what they want, so always be willing to resolve the matter amicably. If someone owes you £10,000 do not insist on that figure alone – learn to compromise.
· Think proportionately, how much time and money will it cost me to go to Court, how much money will I recover, does your opponent have money to pay any Court judgment (e.g. are they an individual who limited or no assets, are they a limited company that may cease trading).
· You then think, how much is the lowest I am willing to accept to resolve this matter, learn a lesson. This is a worst-case scenario. It may be that you have paperwork to prove your claim and the opponent is a wealth individual or company.
Conclusion and Practical Advice
· Try not to be emotive and decide with your head, which I know is easier said than done!
· Going to Court is a risk, you may be a poor witness, the Judge may go down the middle, you may win and not get your costs. You do not want to go to Court on a point of principle and come out worse off e.g. because your costs are a lot of what you recovered or worse owe more than you have recovered. Going to Court needs careful consideration. Before entering into any relationship, especially family and friends, you should ensure that consider all aspects (good and bad) and seek advice - as “prevention is better that cure”.
Thank you for your continued support, the great feedback and for sharing. As always, I am here if you want to share.
Until next time, keep developing and are adaptable in this ever-evolving world.
Stay tuned for my next Blog … 8