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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a contract with a fruit wholesaler, the contract was

Customer Question

I had a contract with a fruit wholesaler, the contract was held for over ten years. I am a very small pest control company only £50000 T/O .
The contract was written by myself, ! It states, the contract is ongoing, and you have to give two months notice in writing should you wish to cancel. if not half the contract is still payable. I have never had any issues with the contract, until a recent inspection, when he found a small amount of loose poison, in a corner, very safe. The reason for this is that there was an infestation of mice, and we could not catch them in traps. so we had a choice, stop the mice causing problems on the goods or use very carefully. small amount of poison. which I must add dealt with the problem. The inspector called me , to question what I had done. I am a former EHO department officer , 30 years, and asked the inspector, what act was he working under. no comment. Four weeks later on my normal visit, I found another contractor had been on site and had removed all my bait boxes. I had not received any notification this was going to happen. I then sent an invoice for half the value of the contract £250 plus £87 for my boxes they had taken,. I received a call from a Stuart, who would not give me his second name, who said if you want your boxes you can come down to Southampton and collect them. I am in Winchester. The conversation got a little heated, and he called me a clown, so the conversation ended. from that time, I have written to the people, without response. The company has a repetition of taking no notice of these things, and will always call your bluff. you may ask is it worth it for the amount of money involved. your advice please.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know what is it you want to achieve ?
JACUSTOMER-nf0izlc7- :

I am looking to get the money owed on the contract, and the boxes paid for unless they are returned to the site near Winchester. The problem is they will not reply to my emails.

Alex Watts : So it's £250 plus £85?
JACUSTOMER-nf0izlc7- :

The contract is at the Swanmore site. I have always had a very good relationship with everyone there, and over the ten years we have not experienced any issues. It is the Southampton branch that has caused the problem. But it is a family affair!

JACUSTOMER-nf0izlc7- :

yes, but the only time I spoke to them, he said if you want the boxes back, you will have to collect them from Souhampton. I said they where taken without me being told, bring the back to the Swanmore site.

JACUSTOMER-nf0izlc7- :

£87 not £85

Alex Watts : 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 pay 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.
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-nf0izlc7- :

No , Do you think it is a winning cases, is my written contract biding. .

JACUSTOMER-nf0izlc7- :

I can honestly say , half the problem is my pride is hurting, as this was totally unjustified. I am Trading Standards approved, could they help in this matter.

Alex Watts : Sadly not, it's a contractual issue
JACUSTOMER-nf0izlc7- :

Thank anyway, I need to give it some thought.

JACUSTOMER-nf0izlc7- :

john

Alex Watts : can I clarify anything else for you today?
JACUSTOMER-nf0izlc7- :

No that's fine.

Alex Watts : great, If I could ask you to rate my service before you go today please, the button should be at the bottom of the screen
Alex Watts : if you need more help please click reply
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