The contract under point 23. states that the governing law and jurisdiction is England and Wales.
We have a contract and it is governed by the laws of England and Wales
The Breach that the Franchisor refers to is defined as per the contract as "Support Fee" paid per calendar month to support the website and provide support. I never activated or got any sales from the Zimbabwe and Zambia website and yet they have been charging this fee. Since I have not paid any of it they decided to terminate the contract and not refund me any of my money nor allow me to sell the Franchise. After six months my sites were locked by the Franchisor demanding that I pay the "Support Fee" I asked for this to be waviered until I could get ready to start the operation but the Franchisor refused to make consessions.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
1.I am based in Harare Zimbabwe. When you refer to local County Court you mean the court in the UK or the local court in Zimbabwe? Can I send the form to county court or is my best option issuing proceedings online.
Yes Court in the UK.
You can do it online and I would suggest you do
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I just got a problem as follows:
1. The defendant has made a counter claim and is demanding more funds.
2. I received Judgement or Order dated 23 February 2015 by post from the County Court claim number B4QZ7812 it reads " IT IS ORDERED THAT The counterclaim is struck out.
This notice is served pursuant to paragraph 2.5 (2) of the Practice Direction supplementing Part 51 of the Civil Procedure Rules. This order has been made without hearing. The parties have the right to apply to have the order set aside, varied or stayed.
Then there is a notice of proposed allocation to small claimsTrack
Which says Take notice that
1. This is now a defended claim. The defendant has filed a defence , a copy of which is enclosed. (There was no copy enclosed)
2.It apprears tha case is suitable for allocation to the small claims track.
3. You must by 12 march 2015 complete Small Claims Directions Questionnaire (Form N180) and file it with the court office. I only received the form by post today the 13th March 2015.
What do I do?