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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My company offered a car as a prize and gave 'tickets' to the

Resolved Question:

My company offered a car as a prize and gave 'tickets' to the draw when a target was hit.
After 6 months the draw was made from about 300 tickets.
The company drew out and disposed of 50 tickets at a time until there was only 3 left of the 3 one of us would win.
I and my colleague were among the last 3 tickets and we agreed that if either of us won we would share the value of the car.
He won and we were happy. We agreed to check a car dealer site ( we buy any car) to get an idea of the value. It came out at £15450.
This was on a Friday. On the following Monday we discussed by phone other options and I suggested buying his half for my partner and I offered £9000.
He was extremely happy with this and agreed.
Over the next few days We then discussed me collecting the car.(we worked 100 miles apart) he sent me the details and I insured the car and purchased rail tickets to collect the car the following Saturday having agreed I would give him a building society cheque on collection.
I called him on fri evening to make the final arrangements about where to meet and his mobile was switched off and and so we didn't go and now a week later he will not take my calls and has told colleagues he has changed his mind. I am pretty annoyed as you can imagine and would like to know if I can legally enforce our agreement. (Most of our agreement to share and how much I was to pay is recorded as all calls are recorded)
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Was anything confirmed in writing please?

Customer: no. It was all verbal. There were many people who witnessed the agreement though.
Alex Watts :

Ok - what you can do is write to your friend by recorded delivery and say if he does not agree to follow through you will go to Court and seek an order for 'specific peformance'.

Alex Watts :

If he refuses then you need to issue proceedings. You need to complete form N1

Alex Watts :

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

Alex Watts :

The court will send a copy to the other side and he will be allowed to defend it.

Alex Watts :

The court will then list the matter for hearing.

Alex Watts :

You are seeking an order for 'specific performance' that is the person follows through with the agreed deal.

Alex Watts :

If the Court order this and he does not, this is contempt of Court and he can be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Customer: What is the chance of success for me?
Alex Watts :

Its hard to say, litigation is never certain. But based on what you have said, I think you do have a claim

Customer: Bearing in mind that he is aware that all calls in & out of the office are recorded and I recorded our conversation confirming the agreement and price will that recording be admissible/ strengthen my claim?
Alex Watts :

Yes I think so

Alex Watts :

They are admissable.

Alex Watts :

Can I clarify anything else for you?

Customer: Thank you. I will follow your advice.
Alex Watts :

Great. can I help with anything else?

Customer: No thank you.
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