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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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A claim for unpaid invoices has been made against our company

Customer Question

A claim for unpaid invoices has been made against our company Red Rose, it was a verbal agreement that we had entered into, the claim is shown as follows by way of letter from the claimants Solicitor.

Facts upon which Cooke & Co’s claim is based

3. In or around November 2009 Cooke & Co and Redrose entered into an agreement which provided that when both parties were engaged to market a property, the fees received upon completion of sale would be split equally between the parties, regardless of which party had sold the property.

4. On 12 July 2012 Cooke & Co submitted an invoice (No. CCinv3476), to Redrose, for professional services rendered in the sale ofXXXXX Leigh. The invoice was for £690.00. Redrose has omitted to pay this invoice.

5. On 5 October 2012 Cooke & Co submitted an invoice (No. CCinv3513) to Redrose, for professional services rendered in the sale of 3 Denbigh Grove, Atherton. The invoice was for £599.70. Redrose has omitted to pay this invoice.

6. On 22 December 2012 Cooke & Co submitted an invoice (No. CCinv3552) to Redrose, for professional services rendered in the sale of 33 Yellow Lodge, Westhoughton. The invoice was for £1,838.40. Redrose has omitted to pay this invoice.

7. On 23 January 2013, Mr Jason Beaumont of Redrose sent an email to Mr Simon Cooke of Cooke & Co. This email advised Cooke & Co that Redrose would not be paying the outstanding invoices and expressed its intention to no longer agree to split fees on any further sales.

The Contract

8. The contract between Cooke & Co and Redrose was that where both parties were engaged to market a property the fees received upon completion of sale would be split equally between the parties (“the Contract”).

9. Evidence of the Contract is supported by:-
9.1 the lengthy trading history between Cooke & Co and Redrose, all of which was conducted under the terms of the Contract; and
9.2 the fact that Redrose has attempted to unlawfully terminate the Contract by way of its email to Cooke & Co dated 23 January 2013.


When (point 4) invoice was raised a call was made to Mr Simon Cooke of the claimants company stating we were not happy at the way the sale had been handled and we didn't want to continue the split fee's. However further sales as stated above then occurred and 2 more invoices raised that we didn't agree with.

As we have entered into a verbal contract we understand our obligations regarding the invoices, however we also verbally told the MD of the claimant that we no longer wanted to split fee's. Will we still have to pay these invoices?

Thanks Jason Beaumont
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Do you accept you owe some or all of them?
Customer: replied 3 years ago.

I would expect to maybe pay the initial one as this was still construed to be in the verbal understanding?

Expert:  UK-Justice replied 3 years ago.
Did anyone witness the verbal conversation?
Customer: replied 3 years ago.

I will need to check but I would have thought so!

Expert:  UK-Justice replied 3 years ago.
Thanks - please let me know
Customer: replied 3 years ago.

Yes I have someone who witnessed the phone call conversation. Thanks

Expert:  UK-Justice replied 3 years ago.
In that case you can admit to the one you accept you owe and deny the rest.

You can deny the rest based on this verbal agreement that was witnessed.

If the matter proceeds to trial then the Claimant would have to show that all invoices were due to be paid and that there was no agreement.

Clearly a verbal agreement is harder to prove than a written agreement, but you do have a witness - so they may need to attend Court.

So admit and pay the invoice you accept you owe and deny the others on the basis of the verbal agreement that was witnessed.

I hope this helps you.



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Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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