How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3613
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

I contacted a...

Customer Question

I contacted a company to sell my business, I gave them a cheque for £600 plus 2 cheques for £1500 each, post dated 1 month and 2 months, In the meantime I had a company go bust on me, I asked them to hold the cheques for a 2 to 3 months as I was struggling to cover them, they cashed the first cheque 2 weeks later, this put me under a great deal of financial pressure, I then stopped the second cheque, I eventually paid the outstanding balance plus £250 interest. I have paid them £3850 and they say because I broke the agreement, they will not do anything about helping to sell the business. Is this right or have I got a case to claim some of my money back. Regards, ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
Who paid the monies was it your company? Our you personally?
Did you sign any terms and conditions? What service did they actually agree to provide?
Kind regards
AJ
Customer: replied 2 years ago.

most of the money was paid by business but some I paid personally.

I signed an agreement, they are siting clause 11 paragraph[a] failing to pay the registration fee on the agreed date, which I had already explained my situation, I did not have the money to pay them. This all happened in august 2013 and I have only just got myself in a position to afford to finally pay the registration fee.

regards ***** *****

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
I have received this. I will prepare a response and post it in the morning.
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Firstly I would note you can only potentially claim back the money that was paid from you personally. As the company has gone bust any claim from that company would the responsibility of a liquidator.
Secondly when you paid this fee - did the company actually do any work? For example advertise your business for sale?
Kind regards
AJ
Customer: replied 2 years ago.

I personally paid £1350 from my personal account,

The only indication I have that they have taken steps to sell my business is the fact a photographer came to take some pictures of the site, I have had no progress reports from RTA.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Unfortunately I am afraid you will have to consider that only £1350 will likely be recoverable, the rest will be a debt belonging to your limited company (unless this was not actually a limited company at all and you were a sole trader?).
IN any event I would try and claim back the whole sum as a start. What I would suggest is the following. Write a letter to the company as follows:
- Say that in your opinion the agreement is now terminated through no fault of your own;
- Say that any deposit payable was never described as non refundable (Please confirm that this is the case in the terms and conditions;
- Taking all the monies as a termination payment is nothing more than a penalty for termination which would be unenforceable under English Law;
- Say that they have not done any actually work to date other than take photographs which you will make a small contribution to as a gesture of good will (I think you would probably have to pay this any way if the matter went to court);
- Say that if they do not return the full balance of what you are owed you reserve the right to either a) Complain to Trading Standards www.tradingstandards.gov.uk/ b) Potenitally make a claim in county court https://www.moneyclaim.gov.uk/web/mcol/welcome
If they do not response or ignore you, you will have to consider either suing them or complaining to Trading Standards. That said please bare in mind my first comment, being that I believe you will only be able to claim the monies paid from your personal account.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3613
Experience: Solicitors 2 years plus PQE
Alex J. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you, ***** ***** been very helpful, however I am not a limited company does this alter the situation I was under impression you thought that I was. regards Bill.

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
No problem.
We're you a sole trader?
Kind regards
AJ
Customer: replied 2 years ago.

Just one more question,I paid you £38 on the 17/02 I then paid you £7.50 tip on the 24/02 you also took £48 on the 24/02 what was this for,?I thought the £38 covered me for a month. regards ***** *****

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The experts on the site do not administer any payment - I like you am a user that logs in, I am just verified as an expert to assist you. I cannot access any of your account details. Accordingly would you mind if I referred you to customer services to deal with this?
It may temporarily close the question?
Thank you kindly for your feedback and payment for my answer.
Kind regards
AJ
Customer: replied 2 years ago.

Hi


I trade as partnership with my wife, who is a sleeping partner.


yes please do refer me to the customer services, and thank you have been very helpful. regards Bill Beal.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice