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.
Was there a contract that said it was not payable until completion please?
Yes there was, additionally -
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.
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
The contract is the contract and both parties are bound by the temrs
If they refuse you can issue proceedings using form N1
You would simply ask the Court for an Order that they do the work
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
This means they could be warned, sent to prison or fined
Can I clarify anything for you about this today please?
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.
Yes you can ignore them - they can't do anything
But write to the Company, set out your position and say you will seek an injunction if they refuse
Does that clarify for you?
Sorry can I help with anything else?
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).
They can't get a CCJ
No proceedings have been issued
But following the steps above
I suspect as soon as you issue proceedings they will complyy
* comply *
Can I help further?
Thanks Alex, that's very helpful. If I needed to come back to this matter - would I be referred to you for continuity?
Of course but you must ask for me
Remember its Alex W - there are 3 of us!
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