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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a contract with a Franking machine company. This company

Customer Question

I have a contract with a Franking machine company. This company went into administration and their contracts were bought by a new company. Can I get out of this now as I did not sign any contract with this new company?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

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. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Does the contract you signed say it can be assigned or transferred please?

JACUSTOMER-7mizpbw3- :

No

Alex Watts :

Has that old company cease trading or is the new company using the same Ltd name?

JACUSTOMER-7mizpbw3- :

Ceased trading . I have a Notice of administrators appointment, which says.......

Alex Watts :

If they have stopped trading all together then you can get out of the contract.

Alex Watts :

If the contract can not be assigned then it can not be transferred to another Company

JACUSTOMER-7mizpbw3- :

As you may be aware I was appointed Joint Administrator, together with Brian Green, over the Companies on 7 December 2012. A formal notice of appointment is enclosed for your reference.

Following appointment, the Joint Administrators continued to operate the Companies while their business and assets were marketed for sale. Following this marketing period, I can now confirm that the majority of the Companies' assets were sold to F.P. Mailing (North West) Limited, trading as The Mailing Room, on 2 September 2013.

. '

As part of this sale, the Companies’ interest in your franking machine lease, the associated future lease rentals and any future annual maintenance charges has now transferred to The Mailing Room. Please note that any outstanding debts that fell due prior to 1 August 2013 still remain payable to the Companies.

c

Please read this correspondence in conjunction with correspondence you should be receiving from The Mailing Room, which provides more information relating to the sate and any action you may need to take in respect of this.

Alex Watts :

Clearly you would have to hand back the machine.

Alex Watts :

But if the contract can not be assigned then someone else can not purchase it.

Alex Watts :

The contract ends and you are no longer liable

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-7mizpbw3- :

did you read what I just sent you?

JACUSTOMER-7mizpbw3- :

It is a copy of Notice of administrators appointment

Alex Watts :

Yes I read it. But the contract can not be assigned.

Alex Watts :

Does that help?

JACUSTOMER-7mizpbw3- :

Thank you. I am just going to box the machine up and send it back on Friday.

Alex Watts :

Great.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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