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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have had a claim filed against my company. We had asked a

Resolved Question:

I have had a claim filed against my company. We had asked a printing company for a quote to produce marketing flyers for us, we have previously worked with them. We did not confirm the order, and then emailed them to say to not go ahead with the order. However, they said it was already done (we did not confirm to them to proceed). They then shipped the order to our offices, and have claimed the money for it.

They have claimed in the money claims court against the company. I need to file a defence. We have several times explained to the claimant that since we never confirmed the order, we never wanted to proceed. We had asked them to show confirmation from our side, which they failed to do.

What can be done?

Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
On what basis do they say you owe them money if you did not confirm the order? Did they send you a letter of claim?
Customer: replied 2 years ago.

They sent an invoice. We replied that we will review the invoice as the company was taken over by new financial partners. Upon review of the invoice we had said to them since no one had confirmed the order, we had never requested the goods.

Following several emails requesting confirmation, they filed a money claim online.

Expert:  Alice H replied 2 years ago.
OK. If a claim has been commenced then you will have to acknowledge receipt and file a defence. Your defence is that no contract was finalised as the order was not placed. A legally binding contract only exists when there is offer AND acceptance. In your case you say that there was NO acceptance of the terms - therefore no contract and no liability to pay.
Customer: replied 2 years ago.

Are there any formal terms or acts I should mention on the defence form?

Expert:  Alice H replied 2 years ago.
Its best, ***** ***** experience, to keep things simple. This is an issue of fact not law so try and stick to the facts as much as possible. However, if you would like me to review the particulars of claim and help you draft a defence then I would be more than happy to do so (I can do it now) but there will be an additional fee for my time. Do you wish to proceed on that basis?
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