Who is the telecoms co? Universal perchance? Who is taking court action?
Is the lease in yr name or ltd co name? I need full details please
The Company that is taking me to Court is called SG Equipment Ltd. The lease was signed on behalf of the Sierra Leone High Commission for the supply and installation of electronic equipment in their 5 residence in London and office in London. one of the phones was installed at the High Commission and couple of days after we noticed there was a fault and I told the company straight away of the fault and they promised to put it right which they never did. This was also the reason wht the other telephones were not installed in the 5 residence.
So, did the system ever work?
If you signed on behalf of the HC why are they sueing you?
Have you instructed solicitors on this?
Why isn't the HC dealing?
I need full background please
They are suing the HC but I am in the middle dealing with matter in question for the HC. The system never worked. The other systems were not even installed.
So it isn't the leasing co wanting money?
So why don't HC instruct solicitors rather than have you DiY?
What did the HC do for phones?
I work for a firm of solicitors and we have instructed a barrister who has proved so unreliable and inefficient. I have paid my money so I can get a clear and basic understanding of the HC's position in the matter. I am also on the verge of drafting a brief to counsel to deal with the case.
I work for a firm of solicitors and we have instructed a barrister who has proved so unreliable and inefficient. I have paid my money so I can get a clear and basic understanding of the HC's position in the matter. I am also on the verge of drafting a brief to counsel to deal with the case. In relation to the phones, there is a letter advising the company to collect the phones from the HC and there is also a reply from SG Equipment confirming this.
The leasing company SG Limited wants their money.
Are you a trainee?
How come you work for sols but signed the lease agreement?
If instructing Counsel, I'msorry to have to tell you you are going to have to be much more concise in thefacts that you give because (I am sorry to be so blunt) it is like pullingteeth trying to get information regarding this.
I need the full details fromend to end please.
There appears to be acontract for the supply of a telephone system and that contract bill has notbeen paid because the system never worked.
So the telephone Co is SG Equipment Ltd and Leasing co is SG Ltd? Do they do their own leasing?
Do you have any expertsevidence with regard to the current state of the telephone system?
Is there a telephone systemin now?
How much did it cost?
At this stage in time, Iappear to have about 10% of the total facts
I really appreciate your honesty. however, I was not expecting that i would be required to provide detailed notes. The company is SG Equipment Finance and they it appears from the lease that they provided the equipment and the finance for a term of 5 years at £381. In the particulars of claim, the claimant is SG Equipment and there is nothing to suggest otherwise. Let me now precisely address your queries:
1. The agreement was for supply and installation of electronic equipment with a lease agreement for 5 years. There was never a seperate agrement in relation to the finance. There was only one agreement signed between the parties dated on 8th august 2009.
2. At present there is no expert witness to confirm the suitability of the telephone system. this is another area that we may possibly look at. Thanks for the indication.
3. The HC had to revert to the old system which is still costing them a lot of money. the HC claims that if the telephone system had been properly installed there would have been a considerable cut on their bill. there is a letter confirming this fact by SG Equipment.
4. The Equipment plus and the installation was charged as one for a fee of £17,000. there was no breakdown as to costs.
Please let me know if I could be of any further assistance.
I am not certain how muchinformation you want.
You have a defence andcounterclaim.
Your defence is that theclaimant is in breach of the Supply of Goods and Services Act in that the claimantfailed to carry out the job with reasonable care and skill or within areasonable period of time.
Alternatively (or actually inaddition), you have a claim in contract for breach of contract in that theyfailed to carry out the contract in a workmanlike manner or at all.
You have a counterclaim forwhatever loss you have suffered (or rather the defendant has suffered)consequential upon the breach of contract.
There is a potential problemin that your client is under a duty to mitigate loss and your client appears tohave sat down for five years and done nothing. Your client should really have appointedindependent contractors to get the job working and then sued the originalcompany for the extra cost.
There is another issue but Iwould need to study the contract documentation in depth which is clearly beyondthe scope of this site.
They are pursuing this as adebt claim for the full contract value over five years although, they have notprovided the service so there is a defence that even if they are entitled toany money at all, they are not entitled to the full contract value onlycompensation/damages/loss of profit
Does that answer thequestion?
Can I help further? I amhappy to answer any specific questions.
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I amoffline shortly until later and will pick this up then if needed.
I strongly beleive that your answer has given me a head way. In response to one of the questions you asked earlier, SG Equipment provided the finance and the company that provided the phones and who were to do the installation was a subsidiary company of SG Equipment called Sabre Telecommunication. But overall i am very pleased with the expert advice. please kindly clarify the later issue and I will accordingly comment on the rating.
Who yourcourse of action is against is dependent on who the contractual documentationis with.
It may bethat your contract was with SG and they sub contracted it to Sabre.
You need tomake sure that you have the exact details of the defendant correct, registeredoffice, limited company, company number, the lot, to make sure that it does notget thrown out for being the wrong defendant.
As you aredefending, it is not really relevant but it is relevant with regard to theclaimant and your defence. You need to make sure that the claimant is the exactentity that you had the contract you will agreement with otherwise, if theclaimant is not the exact claimant, you can get the whole thing thrown out andput them back to square one (and ask for costs) because there was nocontractual arrangement with the claimant. Check
In this scenario, the contract for the finance was signed between SG Equipment and the HC. Sabre Communication provided the equipments and were supposed to do the installation, which they only did partially and was not properly done. In the above circumstances, who should have brought a case against the HC for a breach of contract?
I just discovered that from a document I just read. It says that Sabre provided the and installed the equipments and the finance for the items and work that should have been carried out was provided by SG Finance Ltd. So who should have brought a case against the HC. Is it Sabre Communication or SG Equipment? I would be grateful if you could kindly reszpond on this matter so that I can start drafting the brief to counsel. i thank you for all you advice which has been extremely helpful.
If in doubt send all docs to counsel and ask counsel to advise who proper defendant it. That's what you pay them for. Sabre might end up as a part 20 defendant
Whether it is SGE or sabre depends what the docs are. I cant be sure without seeing everything which is beyond a QA session