Ask a Law Question, Get an Answer ASAP!
Many thanks and I look forward to hearing from you.
This has been going on since the beginning of the year and in April, one of their sales guys actually told me to ask one of our clients to invoice them for the outstanding amount as he had arranged payment for it. Our client followed his instructions but upon chasing up the cheque, I was told there was no second signatory in and that they would settle the account direct with the previous company. Unfortunately this never happened and as most of our dealings were on the phone I have no written account of this from them. To complicate things further, the person I was dealing has since moved into another role and is now declining to be involved in this situation. The only thing I have in writing is my email to our client, asking them to raise an invoice and send it to our photocopier company who were arranging the payments. A similar situation has occurred with our other client as well in that the original person dealing with them has actually now left this company.
This is now urgent as our client has been chasing us again for what our next steps will be - do you have any advice you can offer on what we need to do now?
In short they are asked to end their agreements early and the new company will settle any outstanding finance, is that right?
Yes thats right and that is how the new photocopier company sold in their product and services based on the fact that they would pay any early settlement fees for the rental and service agreement for the machines. Unfortunately they have not paid the service agreement early settlement fees at all for these two clients. We had another 4 clients where they had done the same and they paid those ones off but are refusing to do so with these two remaining clients which were clearly mis sold to.
They purchased through the photocopier company and I have email evidence asking for one of the two clients to email an invoice for the settlement of the service agreement along with the name of the person that they needed to send it to so that payment could be made - I don't have anything in writing from the photocopier company as the majority of our dealings were on the phone. This is why I am struggling to sort this with them and although I have sent all the email info to them they are not budging in terms of their decision not to pay out. I do not know what to do next as our business cannot afford to pay the settlement costs but clearly our clients are out of pocket to the tune of approx £3000 each.
If it is easier for you to call me regarding this I am happy to give you my phone number - just let me know.
Is there any chance that you can give me any advice on how to proceed today as I need to feedback to my manager what I think our next steps should be and where we stand from a legal point of view. Do you think we can pursue the photocopier company for the settlement of the outstanding service agreements and what would be our best course of action to achieve this?
Ok - well you have no contract with the Company I assume and therefore it is not an action you can bring.
The Companies concerned have to take action against the supplier for breach of contract based on misrepresentation themselves.
As a third party you have no contract (I assume ) with the Company and you can not bring a claim.
Only they can claim for any losses incurred as a result of this.
Sadly it is against site rules to call you as I would get into trouble and everything must be done online.
But if there is a claim for misrepresentation this can be dealt with through the County Court.
Any claim for £10,000 or below would be a small claim and that means there is no legal representation needed.
Claims can be started online at: www.moneyclaim.gov.uk
But unless there was a contract between you and the Company you can not bring a claim.
But they can claim breach of contract based on misrepresentation.
Can I assist you or clarify anything for you about this today please?