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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How do I start a 'Breach of Contract' case?

Resolved Question:

How do I start a 'Breach of Contract' case? I am a freelance Tour Manager and completed 22 Classic Italy tours in 2013 & 2014 for a British Company working in in Italy - 16 tours in 2013 + various others - Summertime in Paris, Maarstricht x 2 weekends for the Andre Rieu concerts and 2 Xmas markets. This year I was contracted to manage 20 Classic Italy tours but after 6 weeks I had to take 3 weeks leave for high blood pressure, in the meantime I had suspected that there was an illegal exchange between the sub-contracted travel agency and the Project Manager of the British Company which is fairly standard for Naples! (I had already come across the same deals in 2008, working for a different company). I returned to GB and contacted the company after the 3 weeks leave and I was informed that all my contracts had been cancelled. I requested the reasons in writing over the phone and in an e.mail but have never received anything. In September I contacted HMRC and 2 weeks later the 'Guardia di Finanza' in Italy. At this point I wish to open 'Breach of Contract' proceedings against the company. I have an LL.B (hons) Law & Languages) and would like as far as possible to do this myself with some practical advice. Thanking you in advance. Jane E. XXXX-XXXXXX.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

For now please let me know whether the company you want to sue is in Italy?

JACUSTOMER-bkpn9461- :

No the company paying me was 'Newmarket [email protected] based in Cheam, Surrey. The company in Sorrento who book the hotels (MUST be 3*), coaches (usually no older than 5 years) and the local guides is called 'Belmare Travel' of Sorrento (NA),

JACUSTOMER-bkpn9461- :

.

Alex Watts :

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?

JACUSTOMER-bkpn9461- :

Thank-you Alex, I already knew that it would be a County Court case I just really needed the confirmation.

JACUSTOMER-bkpn9461- :

Also I now live in Italy so I try to time my trips back to GB to fit in with work commitments so unles I can do most of it on-line it becomes quite difficult and expensive.

Alex Watts :

You should be able to issue online but would have to come back to the USA in the event there is a trial

Alex Watts :

Does that help?

JACUSTOMER-bkpn9461- :

It won't be the USA, the company is based in England, UK.

Alex Watts :

Yes I know, but you need to be in the UK for trial

Alex Watts :

That is what I meant

Alex Watts :

Does that help?

JACUSTOMER-bkpn9461- :

OK, yes I realise that...but thanks anyway.

Alex Watts :

Can I help with anything else today?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-bkpn9461- :

Housing Law

JACUSTOMER-bkpn9461- :

I rented a room in a shared house with use of the communal areas from July 2011 until this year when the landlady gave me notice to quit while I was away working in Italy. I paid £325 cash monthly + left one months deposit of £325. Over the 3 years I was working away for c. half a year and as such not using any of the facilities. When in London I regularly cleaned and maintained the house and garden at my own expense. The landlady offered a second month free because of the short notice for which I was very grateful however I was working P/T and whilst trying to get my belongings together both the landlady and her daughter repeatedly moved my items from one place to another 3 times leaving a trail of confusion. On 02 September 2014 she changed the locks and the only way I could get anything was with a police escort to prevent a breach of the peace. In he end I had to leave for Italy with only part of my belongings as she repeatedly refused admittance. The last conversation I had with the police was at 02:00h whilst en-route to Dover for the ferry in which they enquired whether I had a racial issue with these people????? I returned from Italy 25/11/2014 after sending an e.mail to the ex-Landlady who informed me that my tenancy had ended and refused to return all my belongings. I have a strong case for 'Malicious intent to harm' but I'm now back in Italy and would need to start it off from here. I suspect hat will be an initial letter but it is much more important to me to recover all my belongings - work, documents, medications, clothing, paintings, furniture, food etc.

Alex Watts :

Can you please rate this question first so I am credited for my time?

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