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.
Is there any emails or anything confirming the deal please?
a few email with petition for advertise material for her website.
also an email from me with the offer of increase the value of the works of art for x1.35 so she could get 35%
She doesn't dispute insurance requirement was discussed?
yes, she does
She does dispute that insurance was a requirement?
not she doesn't
Ok - thats good.
If she does not dispute the fact, then that is good.
Just because she does not want to claim is simply not enough to cancel the contract
Therefore on the basis of the damage/insurance is not enough to cancel the deal.
what she is disputing now is the show in DAW she is going to take 35%
And that was always agreed?
it was spoke but nor in writing. She receive the equivalent of aroun£1100 in advertise. All the work has been done by me
Ok - so you dispute the fact she is to take 35%?
sorry, I never agreed in give her 35% commission
Again in that case the burden would be on her to show 35% was agreed
If it was not agreed, then she can not claim it
Clearly the lesson here is make sure you have a contract or everything is in writing
Can I clarify anything for you about this today please?
yes I dispute her because she hasn't done anything apart of free space, she already in been advertise in more than 50000 brochure in a county even Dorset Art Weeks, the second county show in England
Indeed. But if it was not agreed then she can not claim it. She would have to try and take you to Court for the 35% and then have to show it was agreed.
Can I clarify anything else?
i offer for her to put and extra value in the works as good will to settle the problem but she hasn't replay to my email. I don't know where I stand or what to do next
She can't cancel, if she does you can sue for breach of contract and any losses flowing from that
Does that help?
what are the probabilities of win the dispute?
I think you are in a stronger position that her
could I get legal aid? My financial situation isn't good
Sadly not - the rules have changed and you would not get it for a contract dispute
But if any claim is £10,000 or less it would be a small claim anyway
Does that clarify matters?
where do I take my case?
County Court - small claims
Does this answer the question for you?
yes, is any other thing I need to know?
No, not at this stage
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could I contact you for more advise?
You can start future questions for Alex W
Or bookmark my page
ok, I shall gather all the information I can. Thank you very much
Great. Please remember to rate before you go and if the system doesn't let you - please let me know
hi I try to rate you but the happy face isn't working