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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I enquired with Business transfer agents and provided details

Customer Question

I enquired with Business transfer agents and provided details . There was registration fee payable. I signed it BUT didnot date it saying once I confirm I will send the cheque for £1500. This was handwritten in to a printed contract,
Since there was no date can it be enforced. They are seeking it now in a County court?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
is there any reason you think this might not be enforceable?
Customer: replied 3 years ago.

Because I didnot date it.As Iwas not sure if I was going ahead with them. I was orally told that it was not "going to put into effect" But a date was set for me to confirm and pay.

Expert:  Stuart J replied 3 years ago.

Date apart, did you go ahead with them?

Did they do anything?

I need full background please.

Customer: replied 3 years ago.

The instructions were that I will let them know by that date if I was going ahead and in that case I will pay the registartion fee. They were not supposed to market it and I don't know if they have . All they have done is wrote back with a summary of the sales particulars for perusal and approval which was not given.


I

Attachment: 2013-03-21_160349_rda.pdf

have attached the copy of the contract.

Expert:  Stuart J replied 3 years ago.

Do you have that in writing? Dont go ahead until I tell you/send you the cheque?

What was the cheque for?

Customer: replied 3 years ago.

No that bit was oral. As you see in the contract ,written by hand is the fee and the date. The cheque is for a "retainer". and the signature is there but not dated.

Expert:  Stuart J replied 3 years ago.

How long ago was this?

Customer: replied 3 years ago.

22nd jan 2013 and I said I will let them have the cheque if i was going ahead in a month.


can I attach a document for you to look at?

Expert:  Stuart J replied 3 years ago.

By all means attach.

Thanks

PS. Whats yr surname? It looks remarkably like mine!

Customer: replied 3 years ago.

My name is Saty.


I tried attaching it. I will try again.

Attachment: 2013-03-21_164621_rda.pdf

Expert:  Stuart J replied 3 years ago.

Hi. It came through the 1st time.

The name on the doc looks like Mauher. No worries. Just curious


This is one of those cases where, if they pushed it, I would tell them to
issue proceedings and don't mess around troubling me any more because I will
defend them and let the judge decide.

Had there been a protracted period between when you let them have the agreement
and now and they had done work, then (apart from the fact that you told them
not to go ahead until they got the cheque) I think they would be entitled to be
paid. Regardless of the date not being on the agreement. The date to provide
certainty. At the moment it is uncertain and therefore it would be for the
court to decide.



However, not sending them a cheque and not giving them instructions to proceed
is consistent with you not having made your mind up.



If their normal procedure which they told you is that they will not do
anything until they have the retainer fee (quite normal for business transfer)
then I don't think you owe them anything.



Can I help further?



Please bear with me today and over any weekends because I will be online
and off-line.

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The thread remains open for us to continue this exchange





Customer: replied 3 years ago.

Thanks,


I will have to make a call on taking my chances, This firm turns out to have had bad reviews and known for their cowboy status



SATY MADHAV

Expert:  Stuart J replied 3 years ago.

I wouldnt be paying up easily either!

Please don't forget to
positively rate my answer service (even if it was not what you wanted to hear)
and I will follow up any further points you raise for free.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me "a pat on the head", "good boy" (like ebay), it is my
livelihood!

Stuart J, Solicitor
Category: Law
Satisfied Customers: 22400
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Law Specialists are ready to help you
Customer: replied 3 years ago.

What if it goes to court and goes agaist me. They are asking for £1500 Plus VAT if I dont challenge.


 


Thks


Saty

Expert:  Stuart J replied 3 years ago.
I am just on my way home from the office and will get to this asap.
Expert:  Stuart J replied 3 years ago.

If it goes to court and you lose but pay the judgement within 28 days(or the period in any court order) you dont get any CCJ registered against you.

You will have to pay the claim plus court costs (not solicitors costs, they are not payable win or lose)

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