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I have not got a written contract saying I will sell them. I just sent invoice. All the negotiations were done over the phone after they sent a man in to look at them. He did make me an offer but the actual offer came from his office over the phone.
Sadly then you can not.
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk 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?
I want to cancel the sale and keep the machinery can I not do this is I return the deposit
If there is no contract as such then you must sell
Otherwise they could sue you for breach of contract
This is because there is no contract that says you can cancel it
Does that make sense?
How can they sue me if there is no contract, how much would it cost me if they sue for breach of this non-existant contract
Ok - once you agreed to take the order and the deposit was paid.
That is the contract
Contracts can be written as well as implied.
When you go to the shop and buy a paper, there is no written contract
But there is an implied contract.
The same with this.
So if you pull out - you can be sued by the other side.
They can make you provide the machinery at the agreed cost.
Can I clarify anything else?
Not at the moment I may get back to you
Might I invite you to leave feedback before you go?
I will leave the feedback after I have finished, I need to check something out and if I leave it now it will close the chat.
But the chat does not close, it always stays open - the site gives the impression that it closes. It does not