Your customers are the life blood of your business so when a dispute arises it is important to resolve it quickly and where possible without damaging any ongoing relationship. In deciding how to proceed you need to be mindful of your contractual obligations, your commercial objectives and any statutory rules which operate to enhance your customer rights or to control your dispute resolution options.
Our lawyers are here to guide you through the process and to ensure your interests remain protected.
Resolving customer disputes
When your customer is another business you will generally have a free rein when it comes to deciding how disputes should be tackled. This means that unless the contract between you provides otherwise all options are on the table and it will be for us to agree the approach that will work best.
Normally we will suggest that you start by using your internal complaints procedure before moving onto mediation, arbitration or court proceedings depending on the issues that need to be resolved, whether your customer’s complaint has merit and the state of your current relationship.
When your customer is a consumer the position is a little more complicated as most consumer rights are prescribed by law and you may be obliged to use an ombudsman scheme. Alternatively, if you have an online presence you may be asked to use the online dispute resolution platform operated by the European Commission.
How can IMD Solicitors help?
Our dispute resolution lawyers can help by providing you with commercially sensible advice which aims to achieve a resolutions as quickly as possible.
The service we provide is extensive and covers disputes arising out of:
- defective goods or digital content claims which raise questions about a customer’s right to request a refund or to insist on free repair or replacement;
- allegation of substandard or incomplete service provision which raise questions about a customer’s right to insist on repeat performance or to claim some or all of their money back.
- non-performance claims where you have been unable to deliver what was promised and the customer is threatening you with an injunction;
- claims of overcharging where an agreed price for goods or services was not settled in advance;
- debt collection on overdue accounts where there is an unresolved complaint;
- insolvency proceedings of your customer which may result in you having to settle for less than you are owned;
- jurisdictional issues where your customer is based abroad and you want dispute resolution efforts to take place here;
- alleged infringement of consumer protection laws in business-to-consumer contracts;
- alleged infringement of sale of goods and supply of services legislation in business-to-business contracts; and
- alleged infringement of unfair contract terms legislation.
Why choose IMD Solicitors?
Our team of dispute resolution solicitors have years of combined experience in dealing with customer disputes and an impressive track record in achieving commercially sensible solutions in a short space of time.
We are particularly well known for our ability to strike deals in complex breach of contract disputes, in non-performance claims where significant compensation or an injunction is being sought and in jurisdictional disputes arising out of cross-border transactions.
We are also highly regarded for the time we take to get to know your business so that as well as resolving disputes we can signpost you to other legal services you may benefit from, such as help with drafting commercial contracts, employment law issues and intellectual property protection.
For more information, please contact Olexandr Kyrychenko on 0330 107 0106.