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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, I engaged a cosmetic engineer to formulate some products

Resolved Question:

Hello, I engaged a cosmetic engineer to formulate some products for me. While the cost of formulations were not payable until completion and I had the option to purchase within a year, I paid £8,500 in good faith as the work was complex and I wanted to maintain a good working relationship with the chemist. Before the work was completed the chemist demanded payment in full and refused to continue any work (this was prior to the products being tested by a lab which is required in law).

I refused to pay and have since been served with demand for payment by Commercial and Domestic Investigations - this demand is for £5000 (the o/s balance of payments) plus £1050 in charges.

Please advise on how I should proceed.

Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Was there a contract that said it was not payable until completion please?

Customer:

Yes there was, additionally -

Customer:

In law any product formulated should be tested by a lab and a PIF (product information file) produced which contains results of stability and challenge tests. In the EU regulations require this file. I was being asked to make a payment in full prior to the chemist being certain that the product would pass the required tests. I also suggested that I make a further payment and retain 20% until all the paperwork was complete - but the chemist refused to do any further work until full payment was made. The argument was that lab testing fees had increased and a payment needed to be made to the lab.

Alex Watts :

Ok - then you dont need to do anything save write to the Company and demand they continue or you will seek an injunction for specific performancxe

Alex Watts :

The contract is the contract and both parties are bound by the temrs

Alex Watts :

If they refuse you can issue proceedings using form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

You would simply ask the Court for an Order that they do the work

Alex Watts :

If the Court makes an Order and they refuse then you can not only sue for breach of contract but they would be in contempt of Court

Alex Watts :

This means they could be warned, sent to prison or fined

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks Alex, is it possible for anyone at answer. UK Law to view the contract (prob not) also what are the real powers of Commercial & Domestic Investigations as they continue to call my office.

Alex Watts :

Yes you can ignore them - they can't do anything

Alex Watts :

But write to the Company, set out your position and say you will seek an injunction if they refuse

Alex Watts :

Does that clarify for you?

Alex Watts :

https://www.makeurmove.co.uk/page/Free-Section-21-Notice

Alex Watts :

Sorry can I help with anything else?

Customer:

Thanks Alex, yes it does! So, the claims co. have no power to affect my credit record via CCJs, etc? One final question - is it in my favour (if this goes to court that I have paid almost 60% of costs prior to any deadline).

Alex Watts :

None whatsoever

Alex Watts :

They can't get a CCJ

Alex Watts :

No proceedings have been issued

Alex Watts :

But following the steps above

Alex Watts :

I suspect as soon as you issue proceedings they will complyy

Alex Watts :

* comply *

Alex Watts :

Can I help further?

Customer:

Thanks Alex, that's very helpful. If I needed to come back to this matter - would I be referred to you for continuity?

Alex Watts :

Of course but you must ask for me

Alex Watts :

Remember its Alex W - there are 3 of us!

Alex Watts :

If this answers your question might I invite you to rate my answer

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

Customer:

Thanks Alex

Ash and 2 other Law Specialists are ready to help you