Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Yes this was me.
Why could you not achieve the desired result please?
for the email campaigns?
Well you said you have not been able to carry out what was recommended - do you mean you have not been able to because your customer has ended it early?
Well, we made many suggestions for content to include within their email newsletters, however, to be able to do this, we needed support from them to help provide base content. As such, we didn't get any help on this so the emails that we sent out were never really that great.
I see. So their contributed to their own failure, is that right?
When the new manager started a few months ago, we went through a whole presentation of ideas that we wanted to work on, but we haven't been able to do any of them as I think they knew they just wanted to end our contract right then anyway, even though we had another 4 or 5 months left
yes exactly, but i'm not sure if that would stand up in court (if I even wanted to go that far)
They may try and defend and counter claim saying that it failed. But they would have a duty to co-operate and assist in the efforts. If they did not then it is their own fault that it failed.
Even if that point is found against you a Judge can say that there is contributory fault.
That is, it is their own doing that it failed.
Okay good I did think that would hopefully be the case
Indeed. Ideally you want to avoid Court especially with family disputes as it can be very messy.
what is your advice regarding the adjusting pricing accordingly paragraph within the contract?
What doe that clause say please?
"Throughout the duration of the contract, quarterly reviews will take place to monitor progress, plan for future campaigns and if necessary, adjust pricing accordingly."
Well the same point applies, if you are doing the work and they are not helping then it is their own fault for any failure.
so could i contend that they want to reduce the pricing for January - March? on what grounds?
I can't see how - it is their own fault things are not working.
would you recommend i put this to them and try to come to a pay off agreement?
Indeed I would. They haven't helped themselves so I can not see how they can blame you!
last question - how much would i be looking at if this did go to court?
Depends on the value of the claim. If it is £10,000 or below it would be a small claim and costs are very limited.
They can not claim legal costs either.
Above £10,000 then you would need a Solicitor to represent you.
Typically legal fees would be £10,000 for a contested trial.
If you win though you can ask the Judge to award you the costs of the action.
Can I clarify anything for you about this today?
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No problem Beth
All the best
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