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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22439
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I run a uk Mobile disco company. I recently gave a courtesy

Resolved Question:

I run a uk Mobile disco company. I recently gave a courtesy call with a customer 2 days before her event, she was aware the booking format would include a contract which was emailed and states on the contract that it is legally binding without being returned and signed. She phoned and agreed she had received this. With the courtesy call i was phoning to check everything was ok. I got no answer. With this i emailed the client to say i had tried to call and was just verifying details for the event. I had a reply stating she had cancelled the event as it was an engagement party and the couple were no longer together. This was a brief email and i was fairly agitated as there was no courtesy of informing us the event was cancelled before hand.

I then rang the venue to verify this information who informed me that the event was still going ahead. In a nutshell i have full email communication history with the client agreeing to the service.

Do i have legal grounds to pursue payment for this.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Hello, I am Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day today.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.
Can you please explain exactly how you came to agree to do this?
I need to know the substance of the agreement between you
meanwhile, I can tell you that the contract wherein it says that it is legally binding without being returned and signed is unenforceable. There is plenty of case law on that going back a long time the most notable of which is a case in the name of Felthouse V Bindley, which says that you cannot bind somebody into a contract by silence.
You are therefore faced with enforcing a verbal contract. That is why I need to know what was agreed between you on the phone or email or however.
Customer: replied 3 years ago.

Hi there


 


There is an email conversation that proves the agreement of booking the service for her event. Regardless of the contract should my knowledge be incorrect of the legality of it being unsigned; i do have the conversation to show that she has agreed to the booking and the price.


 


 









well I live in Swansea so it's a bit far for a home visit, I am from lincoln tho lol. my address isXXXXX Craig cefn parc, Swansea, sa65rg and my contact number is XXXXX thanks

Sent from my iPhone



Hi Kristie

Thats great ! Please can you forward me your home address and main contact number.
In addition would you prefer a home visit to discuss your evening in more detail?

Kind Regards

XXXXX XXXXX
Lincoln Disco Services


07969856944











 


 


 


hi yes I would like to go ahead please x

Sent from my iPhone


Hi kirsty ,

Below is our email conversation if you still do wish to go ahead.

Kindest Regards

XXXXX XXXXX
Lincoln Disco Services


07969856944


-----Original Message-----
From: XXXXX XXXXX <[email protected]>
To: mcloughlin.kristie <[email protected]>
Sent: Sat, 20 Apr 2013 15:48
Subject: Re: Contact Us Submission Received


Hi Krisite

Abosolutely. All i need is your full address and the best contact number for you
so i can get the contract and music request form in the post for you.

In addition would you like a home visit.

Kind Regards

XXXXX XXXXX
Lincoln Disco Services


07969856944


-----Original Message-----
From: mcloughlin.kristie <[email protected]>
To: XXXXX XXXXX <[email protected]>
Sent: Sat, 20 Apr 2013 0:18
Subject: Re: Contact Us Submission Received



could I please book you for that date if possible?

Sent from my iPhone







Hi Kristie

Thankyou for your enquiry. I do have availability for the 20th July 2013 and the best price i could do for you
would be £180.


We also work on a contract basis so that you know your booking is 100% secure. At

Lincoln Disco Services we have a range of 12 DJ's of which all are specialized in weddings.


We mainly market for weddings and this is our primary market. Ultimately this means we are very

organised and good at what we do. In addition only the best premium equipment is used for weddings.

As a leading provider of Mobile Discos for Lincolnshire; we are well established locally and countywise with

a good stern reputation. We currently hold residencies at Charlotte House Hotel, The Holiday Inn(brayford Wharfe)

and also Kelham Hall. We also provide discos on a regular basis for The Doubletree by Hilton; The Lawns ,

Lloyds TSB and The NHS.


We invest heavily on the equipment ensuring that the best performance and enjoyment is gained from all aspects.

Please feel free to contact any of the above mentioned for a reference should you desire. I can supply contact names

for each establishment of whom best to contact on request.


Please see our website for further testimonials and services. And please do not hesitate to contact me for any further information. Finally i would like to add that we are not the cheapest in the area. However we wont turn up with 2 disco lights and hifi speakers.


I hope i have assisted you well on your decision .


Kindest Regards


XXXXX XXXXX
Lincoln Disco Services


07969856944












 


 

Expert:  Stuart J replied 3 years ago.
Thank you.
Whilst I think that from a business point of view, arrangements were left very loose, I think there can be no doubt that there was a contract between you and she is in breach of contract. From a business point of view, it would have been a good idea to take a deposit
deposit which tends to focus the mind about cancelling. Obviously, that is a business issue and not a legal issue
Obviously, you lost £180 although you are actually not entitled to the full cost of the event because for example you had no expenses, travelling etc. So knocking those costs off, say £20 I think you are entitled to 160 quid.
You can issue Small Claims Court proceedings quite easily here www.moneyclaim.gov.uk
the problem you face is that she is in Swansea and you are in Lincoln and the court proceedings will be transferred to her home court in Swansea which might not be practical for you. If you win, you can get travelling expenses you will not get paid for your time in dealing with the whole claim other than for attending the court hearing. Of course, you may lose because she may allege that she rang you to cancel.
It would be for the judge to decide whether she had indeed wrong bearing in mind all the other correspondence has been by email.
I appreciate that part of this is probably not what you wanted to hear but there is no point in me misleading you. I have a duty to advise you truthfully and honestly even if that answer is unfavourable.
Does that answer the question? Can I help further? Can I answer any specific points?
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Stuart J, Solicitor
Category: Law
Satisfied Customers: 22439
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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