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 Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

We are a reseller Spanish biomass boiler brand and work

Resolved Question:

We are a reseller for a Spanish biomass boiler brand and work through their UK Distributor. We resell these products through relationships with installers that we market for and support ourselves. We own the relationships with these companies. Our distributor has circumvented an agreement we have (email) not to contact our customers directly without our knowledge and support. We are paid from agreed discounts and the difference in cost from our installer customers and what we have negotiated with the distributor. We incur a lot of cost, time and effort finding these customers, establishing a relationship with them and selling product to them. we have just discovered that our Distributor has stolen our account from us directly after visiting a major account and has cut us out of this business just out of sheer greed. Apparently they have done this before with another of their partners which resulted in the liquidation of that company. Where do we stand in respect of a breach of contract?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Is it the Spanish or UK Company that has breached the contract?
Alex
Customer: replied 2 years ago.

Actually both as we were also working with the Spanish companies' full knowledge of our agreement with their UK Distributor and in fact warned them that this could occur. We have a lot of email and text evidence to them as well and agreements with them to develop our business. It is the UK distributor who has directly breached their agreement with us and we are not sure if the Spanish company has supported them with this breach or are complicit in this.

Expert:  Ash replied 2 years ago.
Who is the contract with? Spanish or UK?
Customer: replied 2 years ago.

With the UK Distributor company.

Expert:  Ash replied 2 years ago.
Have you lost anything as of yet?
Customer: replied 2 years ago.

Our customer is not communicating with us despite giving them exemplary service and usually they place orders weekly with us and pay us directly to supply the goods through our distributor. so we do not yet know if and what we have lost. We know that our Distributor broke his agreement with us and made direct contact withy our customer and organised a meeting with them last Monday without informing us or telling us the outcome. This is a clear breach of our agreements with them and somehow since then our customer is no longer communicating with us or placing any forecast for July or any orders. We are trying to get a definitive statement from our customer stating what has occurred this week to change these circumstances. .

Expert:  Ash replied 2 years ago.
What you need to do is get a Solicitor to write and ask them to stop and refuse to take orders direct. If they refuse then you can go to Court, seek an injunction for breach of contract and to account for any sales/profits made as a result of direct contact.
You would need to complete forms N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court would list the matter for trial and decide whether to make an injunction.
Can I clarify anything for you about this today please?
Alex
Ash and 4 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex