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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I signed a contract almost a year ago to publish two of my

Resolved Question:

I signed a contract almost a year ago to publish two of my books with United pc publisher. One of the conditions of the contract states that I, as the author, will receive an electronic copy of the books prior to printing for proof reading and identification of any errors. This was not done and the books were printed and one copy of each sent to me. I discovered that two chapters for one book were missing and I had to pay for the reset of the type and I had to pay twice the rate of a published copy for each useless book. There have been a catalogue of mistakes made by the company, this is only one of them. Each time an error takes place, the company claims it is my fault and I have to pay to correct it. The company claimed that the published books would be available in all formats and to this end they have been fairly true. However, the E book format is only available on a German website and the books are in English, hardly the best way to sell, I'm sure you'll agree. I have recently asked the publisher to cancel the contract, stating breach of contract as the cause. The publisher has refused unless I pay them the sum of 300 Euros per book. The company has offices in the UK, however, I have been dealing with their office in Austria and the company claims that only an Austrian court can adjudicate. Do I have sufficient grounds for immediate termination of the contract?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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 :

Which country did you pay? In the contract, which country is it governed by please?

Customer:

I am in Spain and I sent the money to the company from here but all my dealings have been with the company in Austria and this is where the contract came from. All dealings have been in English including the contract.

Alex Watts :

Was it sent to a UK account?

Customer:

No, the moneys were paid in Euros and in cash and sent by registered mail from Spain to Austria.

Alex Watts :

I see. Sadly you could issue proceedings.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.


 


If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk (but as you are abroad the system may not let you) or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?

Customer:

I can no longer communicate with the company without their rep Sandra Jusinger being rude, curt and dismissive and I have already indicated that I intend to seek judgement in court. Can a UK court take this on, or should I file in Spain? Remember, the company claim that all disputes can only be settled in an Austrian court, is this true? after all, Austria is a member of the EU.

Alex Watts :

I understood that all dealings were in the UK and that UK law applied?

Alex Watts :

If it is the case that Austrian law applies then you must issue proceedings in Austria

Alex Watts :

Even if it said Spannish Law you would have to issue in Spain rather than the UK.

Alex Watts :

I do not know of the procedure in Austria as a UK lawyer, but they will have a similar small claims system

Alex Watts :

I have found this for you:

Alex Watts :

http://ec.europa.eu/consumers/redress_cons/docs/MS_fiches_Austria.pdf

Alex Watts :

Can I clarify anything for you?

Customer:

One more thing If I may. If this were UK law, has there been a breach of contract?

Alex Watts :

Yes in my view.

Customer:

Thank you so much Alex, you have been very helpful, I think I now have some indication of what I need to do. Once again, Thank you.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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