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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi Alex, Following our franchisees claim that we are in in

Resolved Question:

Hi Alex,
Following our franchisees claim that we are in in repudiatory breach of contract. I would like to discuss how we sue them for breach of contract on the grounds that the breaches they claim do not amount to a serious breach of contract that deprives of them of benefits to their contract.
Thanks
Marilyn
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Thanks for requesting me.

Alex Watts :

Do you know what your losses are?

Customer:

I have made rough calculations...

Customer:

I need to speak to the team for accurate figures

Customer:

  • Resource cost to man the region at short notice - 24 hours per week at £15 per hour for 3 months = £4,320

  • The Franchisor income from the region as detailed in the 5 year projections = Websites (£11,401) + Events (£30,725) = £42,126+vat = £50,551

  • Plus compensation of £20k for the harm to the reputation of Bomb marketing

  • Total = £74,871

Alex Watts :

OK, you will need a Solicitor to represent.

Customer:

Ok.

Alex Watts :

You need to write and set out your losses and request a payment 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.

Alex Watts :

If they do not refund you pay 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.

Alex Watts :

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.

Alex Watts :

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. As it is over £25,000 it is what called multi track and you need a Solicitor/Barrister to represent as there are many Court rules and procedures to follow

Alex Watts :

Can I clarify anything for you?

Customer:

SO, we can just go ahead from this point and claim for losses - based on the unwarranted use "in repudiatory breach of contract"?

Alex Watts :

Yes, but I would wait until you know for sure what the losses are

Customer:

Right, ok - I'll get those made accurate.

Alex Watts :

ok

Customer:

they have also breached the contract in a number of other ways too. Can I add these to the claim?

Alex Watts :

Yes, but wait until you know the value of the claim

Customer:

Ok. thanks.

Alex Watts :

Can I clarify anything else?

Customer:

No that's everything thanks.

Alex Watts :

Great. If I could ask you to rate as always!

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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