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The agreement that you have, which country does it have a jurisdiction please?
UK as the issue is against a Manchester based solicitor
So the Solicitor did not include the appendix?
Correct - nor to any other clients. None of us ever saw it. The justification was "this was left to the trustee once the legal purchase had been completed". Our point is that the costs involved as laid out in these appendices made the deal on viable and removes any motivation for the trustee to set up a trade as he can collect 5% fees ad infinitum and increase them as he wishes. We only found out the name of this trustee after purchase.
What did the main contract say about appendix - did they make reference to it?
no - nor to any of the other 5 clients I am in contact with. T and C acknowledge that they made no reference to it.
Ok - in that case you are NOT bound
The principles of contract law are this
You are only bound by terms and conditions if they were reasonably made available.
I can forward contact and appendices if you wish
Therefore if the agreement made reference to appendices or if they were attached you would be bound
If they were not mentioned or attached then you are NOT bound
If the Solicitors try and get you to pay fees you can refuse and they can try and sue you for breach of contract
But you could defend on the basis that the terms were not incorporated into the contract at the time
Can I clarify anything for you about this today please?
But does that make the contract invalid or does it just mean that we would have the choice to seek another trustee and storage agent and merely pay them money for years instead
It does NOT make the contract invalid
It only means you are not bound the terms which were NOT included
If we don't pay the fees, the company in Rotterdam might dispose of the product.
Then you could sue the Solicitors for negligence
You should write to the company in Rotterdam and set out the position
The terms that were excluded would have caused us all to have had nothing to do with the purchase as they effectively destroyed any investment aspect of this project
Yes I understand, but that does not invalidate the contract
So if the fees in the appendices had been 20K per year on a £30 investment, nobody would see the solicitor as being negligent for not bringing the relevant appendix to the notice of the client or even informing him of the existence of an appendix
All terms must be reasonably brought to the attention of the client
Thank you - then clearly my their own admission it was a deliberate decision that they took not to notify the clients of ecen the existence of appendices - clearly this is the critical point here.
I think you have a case for neglience.
Thank you - I assume I must go elsewhere to set up a group action.
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